When Your Workplace Becomes a Legal Battleground: Understanding Sexual Harassment Investigations
The moment a sexual harassment complaint is filed, your workplace transforms into something entirely different—a site of formal investigation where every conversation, document, and interaction may become evidence. Whether you’re the person who filed the complaint or the one facing allegations, you’re likely experiencing a mix of anxiety, confusion, and uncertainty about what comes next. California law requires employers to investigate all claims of sexual harassment, and this process can feel overwhelming for everyone involved. During an investigation, employers may take interim actions—such as separating the employee who reported harassment from the alleged harasser or placing the alleged harasser on administrative leave—to comply with their duty under California’s Fair Employment and Housing Act (FEHA) to take all reasonable steps to prevent and correct harassment. (Cal. Gov. Code § 12940(j)–(k); see California Legislative Information – Gov. Code § 12940
💡 Pro Tip: Document everything from day one—keep copies of all emails, text messages, and notes about incidents or conversations related to the investigation, as these may become crucial evidence later.
Facing a legal storm at work? Let MSD Lawyers guide you to calmer waters during a sexual harassment investigation. To navigate the complexities and protect your rights, call us at 213-401-0823 or contact us to schedule a consultation today.
Your Rights Under California and Federal Law: What a Sexual Harassment Lawyer in Los Angeles Can Explain
Sexual harassment violates both Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA), which means you have strong legal protections at both federal and state levels. The California Civil Rights Department (CRD) is the state agency charged with protecting Californians from unlawful discrimination in employment, and it’s the largest state civil rights agency in the country. A sexual harassment lawyer in Los Angeles can help you understand that sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that affects employment conditions or creates a hostile work environment.
California law provides broader protections against workplace discrimination and harassment than federal law. The Fair Employment and Housing Act (FEHA), codified at California Government Code § 12900 et seq., applies to public and private employers, labor organizations, apprenticeship programs, employment agencies, and licensing boards.
FEHA prohibits harassment in all workplaces — even those with only one employee or independent contractor — and bans employment discrimination (such as hiring, firing, and terms or conditions of employment) for employers with five or more employees.
During any investigation of alleged sexual harassment, which FEHA treats as a serious violation, both the complainant and the accused have the right to seek legal counsel to ensure their rights are protected throughout the process.
💡 Pro Tip: California law protects employees from retaliation for reporting or opposing workplace harassment or discrimination. Under the Fair Employment and Housing Act (FEHA) — it is unlawful for an employer to retaliate against any person who files a complaint, participates in an investigation, or testifies in connection with a discrimination or harassment claim. Any adverse action taken against you for asserting these rights is illegal and may be grounds for additional legal action.
The Investigation Process: From Filing to Resolution
Understanding the timeline of a sexual harassment investigation can help reduce anxiety and prepare you for what’s ahead. Under the Fair Employment and Housing Act (FEHA), individuals generally have three years from the date of the alleged unlawful practice to file an intake form with the California Civil Rights Department (CRD), as outlined in California Government Code § 12960(e).
Once the CRD accepts your complaint for investigation, it will prepare a formal complaint for your signature and then serve it on the respondent — the person or organization you believe engaged in discrimination or harassment — in accordance with California Government Code § 12963.
A California workplace sexual harassment attorney can guide you through each step of this process to ensure all deadlines are met and your rights are fully protected under FEHA.
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Initial complaint filing: You submit an intake form to CRD with details about the harassment, including dates, witnesses, and specific incidents
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CRD review and acceptance: If your complaint is accepted, CRD prepares official paperwork and notifies the employer, who typically has 30 days to respond
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Evidence gathering phase: CRD gathers evidence to determine if the complainant’s allegations can be proven, including interviewing witnesses and reviewing documents
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Mediation opportunity: Prior to filing a lawsuit, CRD typically requires the parties to go to mediation to attempt to reach an agreement
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Final determination: CRD has up to one year from the date a complaint is filed to complete an investigation and file a complaint in civil court if justified
💡 Pro Tip: Keep a detailed timeline of all harassment incidents with dates, times, witnesses, and descriptions—CRD investigators rely heavily on specific, documented evidence rather than general allegations.
Finding Resolution: How Legal Representation Makes a Difference
When facing a sexual harassment investigation, having an experienced sexual harassment lawyer in Los Angeles becomes crucial for protecting your rights and achieving the best possible outcome. The California Civil Rights Department (CRD) uses the facts gathered during its investigation to determine whether there is reasonable cause to believe a violation of the Fair Employment and Housing Act (FEHA) has occurred. If reasonable cause is found, CRD notifies the involved parties and may initiate a civil action on your behalf, as authorized under.
The resolution phase can take several forms. If the CRD determines there is no reasonable cause, the case is closed; however, you still retain the right to pursue a private civil lawsuit once a “right-to-sue” notice is issued, as provided by Gov. Code § 12965(b). Conversely, if reasonable cause is found, the matter may proceed to mediation, settlement negotiations, or civil litigation — and CRD may itself bring a case under FEHA.
An experienced California sexual harassment attorney can represent you through this process — from mediation to settlement or, if necessary, courtroom litigation — to ensure your rights are fully protected.
Additionally, CRD retains investigative records, including closed case files, and parties may request copies under the California Public Records Act, Gov. Code § 7920 et seq., though some records may be exempt from disclosure.
💡 Pro Tip: Even if the California Civil Rights Department (CRD) does not find reasonable cause, you still have the right to request and receive a “right-to-sue” notice under the Fair Employment and Housing Act (FEHA). Once the notice is issued, you have 90 days to file a civil action in court with private legal counsel.
Understanding the Three Types of Sexual Harassment in California Workplaces
Sexual harassment can take many forms, and California law recognizes several distinct categories under the Fair Employment and Housing Act (FEHA). This statute makes it unlawful for an employer, supervisor, coworker, or third party to harass an employee because of sex, gender, gender identity, sexual orientation, or other protected characteristics.
Physical harassment involves any unwelcome physical contact, from seemingly innocent touches like patting or hugging to serious criminal acts like sexual assault. Examples include touching, tickling, pinching, cornering someone in tight spaces, kissing, fondling, and forced sexual intercourse. Nonverbal harassment encompasses the distribution or display of sexually explicit material, including electronic communications, as well as insulting sounds, leering, staring, whistling, and obscene gestures. Importantly, FEHA recognizes that same-sex sexual harassment is equally unlawful, and under California Government Code § 12940(j)(1), employers are legally required to protect employees from harassment by anyone in the workplace — including customers, clients, vendors, or business partners.
💡 Pro Tip: California uses a “reasonable person standard” to decide if workplace behavior counts as harassment. In other words, the conduct must be offensive not just to you, but also to a reasonable person in the same situation. Keeping detailed notes or evidence of what happened can help show that the behavior meets this standard.
Protecting Your Rights During the Investigation Process
Understanding your rights during a sexual harassment investigation is important for both the person filing the complaint and the person accused. Under the Fair Employment and Housing Act (FEHA) – employers with five or more employees are legally required to provide sexual harassment prevention training to all supervisory and nonsupervisory employees, as outlined in California Government Code § 12950.1.
During a workplace investigation, all employees — whether filing the complaint or responding to one — are entitled to fair treatment and protection from retaliation under the Fair Employment and Housing Act (FEHA). It is unlawful for an employer to retaliate against anyone for filing a complaint, participating in an investigation, or opposing unlawful practices.
If you’re involved in an investigation in Los Angeles or anywhere in California, a sexual harassment attorney can help ensure your employer follows proper procedures, respects your rights, and upholds the protections guaranteed by FEHA.
California employment discrimination protections extend beyond just the investigation itself. You should put complaints in writing and keep records of each incident of harassment, noting the date, time, and people involved. While individuals who experience harassment are strongly encouraged to identify the offensive behavior and advise the offender to stop, failure to report harassment in any way may impact your ability to pursue remedies against your employer. However, supervisors and coworkers remain personally liable for their own acts of harassment regardless of whether you reported it. Filing a discrimination complaint with LA Civil Rights does not preclude pursuing any other available remedies, giving you multiple avenues for justice.
💡 Pro Tip: Request copies of your employer’s sexual harassment policy and investigation procedures— Employers in California are required to maintain written policies that prevent discrimination, harassment, and retaliation — and to make those policies available to all employees. This requirement is set forth in, under the Fair Employment and Housing Act (FEHA).
Frequently Asked Questions
Common Concerns About Sexual Harassment Investigations
Navigating a sexual harassment investigation raises many questions about rights, procedures, and potential outcomes. Understanding the answers can help you make informed decisions about how to proceed.
💡 Pro Tip: Write down all your questions before meeting with an attorney—this ensures you address all concerns during your consultation and make the most of your time.
Understanding Your Next Steps
The investigation process can feel overwhelming, but knowing what to expect helps you prepare effectively and protect your interests throughout the proceedings.
💡 Pro Tip: Create a support system that includes legal counsel, trusted friends or family, and potentially a therapist—sexual harassment investigations can be emotionally taxing regardless of your role.
1. How long does a sexual harassment investigation typically take in California?
The California Civil Rights Department (CRD) has up to one year from the date a complaint is filed to complete its investigation and, if justified, file a civil complaint.
However, internal employer investigations are typically shorter, often taking 30 to 90 days, depending on the complexity of the case. During this time, your employer should provide regular updates on the progress of the investigation and any actions being taken.
2. Can I be fired for filing a sexual harassment complaint in Los Angeles?
No — it is illegal for an employer to retaliate against anyone for filing a sexual harassment complaint or exercising their rights under California’s civil rights laws. This protection is outlined in the Fair Employment and Housing Act (FEHA), which prohibits retaliation such as firing, demotion, pay cuts, or reduced hours for reporting or participating in an investigation of workplace harassment or discrimination.
If you experience retaliation after filing a complaint, it constitutes a separate legal violation, and a Los Angeles sexual harassment attorney can help you pursue a claim to protect your rights.
3. What’s the difference between quid pro quo and hostile work environment harassment?
Quid pro quo harassment happens when submission to sexual conduct is made a condition of employment or used as the basis for employment decisions — essentially, “this for that.” Hostile work environment harassment occurs when workplace behavior becomes severe or pervasive enough to create an intimidating, offensive, or demeaning environment.
Both forms of sexual harassment are prohibited under California law by the Fair Employment and Housing Act (FEHA), which makes it unlawful for an employer, supervisor, coworker, or third party to harass an employee based on sex or gender.
4. Do I need a lawyer if my employer is conducting an internal investigation?
While not legally required, having a sexual harassment lawyer Los Angeles residents trust can be invaluable during an internal investigation. An attorney can advise you on your rights, help prepare your testimony, review any settlement offers, and ensure your employer follows proper procedures throughout the investigation.
5. What damages can I recover in a sexual harassment lawsuit in California?
Successful sexual harassment claims can result in various damages, including back pay, front pay, compensatory damages for emotional distress, punitive damages in cases of malicious conduct, and attorneys’ fees. Each case is unique, and an experienced Los Angeles employment law attorney can evaluate the potential value of your specific claim.
Work with a Trusted Sexual Harassment Lawyer
Sexual harassment investigations can dramatically impact your career, reputation, and emotional well-being. Whether you’re filing a complaint or defending against allegations, having knowledgeable legal representation ensures your rights are protected throughout the process. The investigation procedures, legal deadlines, and potential consequences make it essential to work with attorneys who understand both California employment law and the practical realities of workplace investigations. At MSD Lawyers, we provide the guidance and advocacy you need during this challenging time, helping you navigate the investigation process while protecting your interests and pursuing the best possible outcome for your situation.
If you’re navigating the turbulent waters of a sexual harassment investigation in LA, trust MSD Lawyers to help you find clarity and resolution. Don’t let confusion and anxiety take the lead—reach out at 213-401-0823 or contact us to ensure your rights are safeguarded.
