Do I Have the Right to Sue a Coworker for Sexual Harassment?
Yes, you can sue a coworker for sexual harassment in Los Angeles. Under California’s Fair Employment and Housing Act (FEHA), a coworker who commits sexual harassment can be held personally liable for their conduct. If a colleague has subjected you to unwelcome sexual advances, inappropriate comments, or other harassing behavior, you may file a civil lawsuit directly against that person. California law allows victims to name both the harassing coworker and the employer as defendants in the same action.
If you believe you have experienced workplace sexual harassment, MSD Lawyers can help you understand your rights. Call 213-401-0823 or schedule a consultation to discuss your situation today.
Personal Liability for Coworker Sexual Harassment in California
California law makes individual harassers personally responsible for their actions. Under CA Gov. Code § 12940(j)(3), an employee is personally liable for any harassment they perpetrate, regardless of whether the employer knew about the conduct or took corrective action (official source: leginfo.legislature.ca.gov). This means you do not need to wait for your employer to act before pursuing legal remedies against the individual who harassed you.
This protection applies broadly across workplace relationships. FEHA covers employees, applicants, unpaid interns, volunteers, and contract workers. Under CA Gov. Code § 12940(j)(4)(C), sexually harassing conduct does not need to be motivated by sexual desire to qualify as unlawful (official source: leginfo.legislature.ca.gov). Gender-based harassment, hostile remarks, and conduct rooted in gender stereotypes may all give rise to a valid claim.
💡 Pro Tip: Document every incident of harassment as it happens. Write down dates, times, locations, what was said or done, and the names of any witnesses. This contemporaneous record can become critical evidence if you decide to pursue a sexual harassment claim against a coworker in LA.
How FEHA Protects Los Angeles Workers From Workplace Harassment
FEHA provides some of the strongest workplace harassment protections in the country. Harassment is prohibited in all California workplaces, even those with only one employee or independent contractor on staff (official source: calcivilrights.ca.gov). While employers of five or more employees are subject to FEHA’s broader anti-discrimination rules, the harassment threshold is lower.
You do not need to show that you lost your job or a promotion to bring a harassment claim. Under CA Gov. Code § 12940(j)(1), loss of tangible job benefits is not necessary to establish harassment (official source: leginfo.legislature.ca.gov). The harassment itself, if sufficiently severe or pervasive, may form the basis of your FEHA coworker harassment claim.
Employer Liability for Coworker Harassment
Your employer may also face liability for a coworker’s harassing conduct. When harassment is committed by a non-supervisory coworker, the employer can be held liable if its agents or supervisors knew or should have known about the conduct and failed to take immediate and appropriate corrective action, per CA Gov. Code § 12940(j)(1) (official source: leginfo.legislature.ca.gov). Employers are strictly liable for harassment committed by supervisors, regardless of whether the employer knew about the conduct. Federal guidance from the EEOC similarly addresses vicarious liability for harassment in the supervisory context.
|
Who You Can Sue |
Legal Basis |
Key Requirement |
|---|---|---|
|
Harassing coworker (personally) |
CA Gov. Code § 12940(j)(3) |
Coworker committed prohibited harassment |
|
Employer |
CA Gov. Code § 12940(j)(1) |
Employer knew or should have known and failed to act (non-supervisory harasser); strict liability (supervisory harasser) |
|
Supervisor (individually) |
CA Gov. Code § 12940(j)(3) |
Supervisor personally committed prohibited harassment |
💡 Pro Tip: If you reported harassment to a manager or HR and they failed to act, preserve copies of those reports. Your employer’s inaction may strengthen both your claim against the coworker and a separate claim against the company.
Steps to File a Sexual Harassment Lawsuit Against a Coworker
Before filing a civil lawsuit, you generally must first file a complaint with California’s Civil Rights Department (CRD). This administrative step is typically required before you can bring a workplace harassment lawsuit in Los Angeles. An employee, applicant, unpaid intern, volunteer, or contractor may file a complaint of harassment with the CRD based on a FEHA-protected characteristic such as sex (official source: calcivilrights.ca.gov).
The CRD Investigation Process
Once you file, the CRD may investigate your complaint. The investigation process includes gathering evidence, interviewing parties and witnesses, and reviewing records. If the CRD does not bring a civil action within 150 days of the complaint being filed, or determines no action will be brought, it must promptly issue a right-to-sue notice under CA Gov. Code § 12965 (official source: leginfo.legislature.ca.gov). Once you receive that right-to-sue notice, you have one year to file your civil lawsuit.
Filing Your Lawsuit in Los Angeles Superior Court
With a right-to-sue notice in hand, you can file your civil action in Los Angeles Superior Court. Under CA Gov. Code § 12965, the action may be brought in any county where the violation allegedly occurred (official source: leginfo.legislature.ca.gov). The court also has discretion to award reasonable attorney’s fees to the prevailing party, which can make pursuing a sexual harassment claim against a coworker financially feasible.
💡 Pro Tip: You may also request an immediate right-to-sue notice from the CRD without waiting for an investigation, which can significantly accelerate your timeline for filing a civil lawsuit. Ask your attorney about this option.
Can I Sue a Coworker for Harassment and Emotional Distress?
In certain circumstances, you may also pursue a claim for intentional infliction of emotional distress (IIED) against a harassing coworker or supervisor. California courts have recognized that an employee may sue a supervisor for IIED when the underlying conduct also violates FEHA. Workers’ compensation is normally the exclusive remedy for workplace injuries in California, but an exception may apply when the harassing conduct violates anti-discrimination laws. Whether this exception applies depends on the specific facts.
This additional cause of action can expand the damages available to you. Beyond FEHA remedies, an IIED claim may allow recovery for severe emotional suffering caused by the harasser’s outrageous conduct. However, courts typically require that the behavior be extreme and beyond the bounds of what is tolerated in a civilized society.
Protection Against Retaliation for Reporting Harassment
California law prohibits retaliation against anyone who reports or opposes sexual harassment. Under CA Gov. Code § 12940(h), employers may not discharge, expel, or otherwise discriminate against a person for filing a harassment complaint, testifying in a proceeding, or assisting in an investigation (official source: leginfo.legislature.ca.gov). Individual supervisors are generally not personally liable for retaliation under FEHA; retaliation claims are typically brought against the employer.
This protection ensures that victims feel safe coming forward. If your employer demotes you, cuts your hours, transfers you to a less desirable position, or takes any other adverse action after you report a coworker’s harassment, that retaliation may itself be an independent legal violation. Document any changes in your work conditions that occur after making a complaint.
💡 Pro Tip: Send your harassment complaints in writing, whether by email or written memo, and keep copies in a personal file outside of work. Written records create a clear timeline that makes retaliation much harder for an employer to deny.
Mandatory Training Does Not Shield Employers From Liability
California requires employers with five or more employees to provide sexual harassment prevention training, but compliance does not eliminate employer liability. Under CA Gov. Code § 12950.1, employers must provide at least two hours of training for supervisory employees and one hour for non-supervisory employees every two years (official source: leginfo.legislature.ca.gov). However, the statute explicitly states that compliance with training requirements does not insulate the employer from liability for sexual harassment.
California’s protections also extend into specific industries. Under CA Labor Code § 1700.50, talent agencies must provide sexual harassment prevention educational materials to adult artists within 90 days of agreeing to representation, demonstrating how comprehensively California addresses harassment across different workplace settings.
💡 Pro Tip: If your employer never provided mandatory sexual harassment training, make note of it. While the absence of training alone does not create liability, it may support your argument that the employer failed to take all reasonable steps to prevent harassment, as required by FEHA.
Frequently Asked Questions
1. Can I sue a coworker for harassment if my employer already disciplined them?
Yes, in many cases you can still pursue a personal lawsuit against the coworker. Under CA Gov. Code § 12940(j)(3), a coworker’s personal liability for harassment exists regardless of whether the employer took corrective action. Your employer’s response does not extinguish your independent right to seek damages from the individual harasser.
2. Do I need to prove that the harassment was sexually motivated?
No. California law clarifies that sexually harassing conduct does not need to be motivated by sexual desire. Gender harassment, hostility based on sex, and harassment based on pregnancy or related medical conditions all fall within FEHA’s protections under CA Gov. Code § 12940(j)(4)(C).
3. How long do I have to file a sexual harassment complaint in California?
You generally have three years from the date of the last incident of harassment to file an administrative complaint with the CRD. After receiving a right-to-sue notice from the CRD, you then have one year to file a civil lawsuit in court. Consult with an attorney as soon as possible to avoid missing critical filing windows.
4. What damages can I recover in a coworker harassment lawsuit in California?
Potential damages may include compensation for emotional distress, lost wages, and in some cases punitive damages. The court may also award reasonable attorney’s fees to the prevailing party. The specific damages available depend on the facts of your case and the legal theories pursued.
5. Does my workplace need to be a certain size for me to file a harassment claim?
No. Harassment is prohibited in all California workplaces, including those with only one employee or independent contractor. While broader employment discrimination claims under FEHA generally require an employer to have five or more employees, the harassment prohibition has no such minimum threshold.
Taking Action to Protect Your Rights
If a coworker has sexually harassed you in the workplace, California law provides clear legal avenues to hold that individual personally accountable. From filing a complaint with the CRD to pursuing a civil lawsuit in Los Angeles Superior Court, you have options for seeking justice and compensation. The law protects you from retaliation for coming forward, and you do not need to prove you lost a job benefit to bring your claim. Getting knowledgeable legal guidance early can make a meaningful difference.
Contact MSD Lawyers to speak with a Los Angeles sexual harassment attorney who can evaluate your claim and guide you through the process. Call 213-401-0823 or request a consultation online to get started.
