The Hidden Costs of Staying Silent
Imagine facing each workday in fear because of a supervisor’s unwanted sexual conduct—yet feeling too intimidated to speak out. You are not alone. According to data from the National Sexual Violence Resource Center, nearly 75% of workplace sexual harassment incidents go unreported. While silence might feel safer in the moment, the consequences can be long-lasting. Chronic exposure to harassment damages mental health, undermines self-worth, and causes anxiety, depression, and self-doubt. On a professional level, it can derail career advancement and push you out of a position you once valued. But it’s crucial to remember: harassment is not your fault. California law protects your right to a safe and respectful workplace. Reporting harassment isn’t about causing disruption, it’s a legally supported way to protect your health, your career, and your dignity. This guide will outline your rights, detail the legal process, and explain how taking action can empower you and possibly protect others, too.
Don't let sexual harassment keep you from the justice you deserve. At MSD Lawyers, we're here to help you navigate these challenges and reclaim your rights. Reach out to us today at 213-401-0823 or contact us to start your journey toward a fair and respectful workplace.
Understanding Your Rights: Reporting Sexual Harassment in California
Sexual harassment in the workplace is illegal under both federal and California law. Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA), codified in Government Code § 12940, explicitly prohibit employers from subjecting employees to or permitting harassment based on sex, gender, or sexual orientation. This includes unwelcome sexual advances, inappropriate touching, sexually suggestive remarks, or any conduct that creates a hostile or offensive work environment.
Critically, under California law, a single severe incident may be enough to establish a violation; harassment need not be repeated to qualify. Covered individuals include not only employees but also interns, contractors, and even job applicants. Harassers can be supervisors, coworkers, or third parties such as clients or customers. California law applies regardless of company size—meaning even businesses with only one employee must comply.
Employees are also protected from retaliation for reporting harassment. Government Code § 12940(h) makes it unlawful for an employer to fire, demote, discipline, or otherwise penalize a person for opposing or reporting unlawful conduct. If an employer engages in retaliatory acts whether overt or subtle, they expose themselves to additional legal liability, including claims for emotional distress, back pay, and attorneys’ fees.
Victims have up to three years from the last act of harassment to file a complaint with the California Civil Rights Department (CRD), an extended timeline enacted in 2020 (SB 1300). After obtaining a Right-to-Sue letter from CRD, you have one additional year to file a lawsuit in court. For federal claims through the EEOC, the deadline is shorter—300 days but in California, most individuals use the state-level CRD process first. Missing these deadlines can forfeit your legal remedies.
Knowing your rights under FEHA and Title VII is the foundation of taking action. You are not required to tolerate harassment in silence and the law provides formal processes, retaliation protection, and legal remedies to help you assert your rights and seek accountability. In the next section, we’ll outline how to take those first steps.
Timeline and Steps to Report Sexual Harassment
Taking action might feel daunting, but breaking it down into steps can help. Here’s a simple timeline for reporting sexual harassment in California and protecting your rights:
Document the harassment (immediately): Start by writing down what’s happening. Note dates, times, places, who was involved, and any witnesses. Save any evidence – emails, texts, or screenshots – that show the harassing behavior. This record will be very useful later, whether you report internally or to a government agency.
Report the conduct internally if feasible: Under California law, employers are obligated to take reasonable steps to prevent and promptly correct workplace harassment (Gov. Code § 12940(k)). Submit a written complaint to HR or a supervisor, following your employer’s reporting policy. Use email or written formats to create a verifiable record. If the alleged harasser is your direct supervisor or no reporting mechanism exists, you may proceed directly to the CRD.
File a complaint with the CRD (within 3 years of the last incident): Victims have up to three years from the last incident of harassment to file an administrative complaint with the CRD (Gov. Code § 12960(e)). The CRD may investigate the matter, offer dispute resolution, or issue a Right-to-Sue letter upon request. This administrative complaint is a legal prerequisite to bringing a civil lawsuit in California courts. Early filing increases the likelihood of timely resolution and evidence preservation.
Cooperate with the investigation (ongoing): Whether conducted internally or by the CRD, investigations rely on your participation. Respond truthfully and promptly to information requests. Supporting evidence such as witness statements or digital records—can significantly strengthen your claim.
Obtain a Right-to-Sue and consider a lawsuit (timing varies): Once the CRD concludes its process or upon your request, a Right-to-Sue letter may be issued. You then have one year from the date of issuance to file a lawsuit in state court (Gov. Code § 12965(b)). Civil suits can result in remedies such as compensatory damages, reinstatement, attorneys’ fees, and punitive damages, depending on the severity and employer conduct.
Consult with a qualified employment attorney: While not mandatory, legal counsel can provide invaluable support at every phase. Attorneys can help draft reports, represent you in administrative proceedings, evaluate settlement offers, and pursue litigation if necessary. They can also issue preservation-of-evidence notices and advise on retaliation claims under Gov. Code § 12940(h).
By following these steps, you transform your complaint from a private struggle into an official action. Reporting through the proper channels creates a paper trail that can protect your career (by putting your employer on notice to fix the problem) and protect your legal rights (by positioning you to seek justice if needed). Now that you know the process, let’s talk about the personal side: what happens to your mental health and career if you continue to endure harassment in silence, and how speaking up can change that.
The Mental Health Impact of Workplace Harassment
Remaining silent about workplace harassment doesn’t simply “keep the peace” — it can cause long-lasting damage to your mental and emotional health. Studies have shown that repeated exposure to harassment, including inappropriate comments, touching, or sexual jokes, is strongly linked to anxiety, depression, and symptoms consistent with post-traumatic stress disorder (PTSD). It’s not “just in your head.” The psychological toll is significant: survivors frequently report insomnia, appetite changes, panic attacks, and somatic symptoms like headaches and fatigue.1 Left unaddressed, this trauma can evolve into chronic mental health issues such as major depression, persistent low self-esteem, or difficulty trusting others.
Staying silent can worsen these effects. When you don’t report the harassment, it often continues or escalates, which means the trauma compounds over time. You may start to feel isolated, as if you have nowhere to turn, which can lead to feelings of shame or self-blame (“Why can’t I handle this?” or “Maybe I’m overreacting.”). No one should have to carry that burden alone. We have seen clients come to us after months of suffering in silence – the relief on their faces when they finally share their story is a powerful reminder that speaking up is a crucial step toward healing. By reporting the harassment and seeking help, you take away the harasser’s power over your mental state. Many people feel a weight lifted once action is taken: knowing that the situation is being addressed can reduce anxiety and help restore a sense of control. You might also get connected with resources like counseling or support groups through your employer’s HR or an attorney’s referral, which can further bolster your mental health.
Remember, your mental health matters as much as your physical health or your job. A toxic work environment can erode your well-being, but it’s not something you have to tolerate. There is strength in seeking help. By breaking the silence, you’re not only standing up for yourself legally – you’re also taking care of your psychological health, refusing to let the harasser continue to inflict harm on your mind and emotions. Next, let’s consider your career itself: what are the professional costs of enduring harassment, and how does reporting help protect your career trajectory?
Career Consequences of Staying Silent
One of the most damaging consequences of staying silent about workplace harassment is the long-term impact it can have on your professional life. Harassment creates a hostile environment that undermines your ability to perform, focus, and succeed. You may find yourself avoiding interactions, dreading meetings, or struggling to concentrate — all of which can lead to reduced productivity, missed advancement opportunities, and undeserved performance critiques. Over time, this stress may cause you to decline promotions or disengage from your work. Many employees ultimately leave their positions not because they lack ability, but because the harassment becomes unbearable. According to data from the National Sexual Violence Resource Center (NSVRC), a significant number of harassment victims either quit or transfer to escape the hostile conditions, sacrificing years of experience, promotions, and income in the process.
Failing to report also sends an unintended signal — that the behavior is tolerated. This can embolden harassers and increase the risk of further mistreatment or retaliation. In some cases, the harasser may interfere with your evaluations, assign you less desirable tasks, or isolate you from key projects. Without a formal complaint on file, it becomes harder to prove that the harassment — not your performance — is the cause of your decline or departure. This lack of documentation can also undermine your ability to negotiate severance, claim unemployment, or pursue legal remedies.
By contrast, reporting sexual harassment in California helps establish both a legal and professional safeguard. Once a formal complaint is made, your employer is obligated to investigate and take corrective action under the Fair Employment and Housing Act (FEHA). If the company fails to act or retaliates against you, such retaliation violates California Government Code § 12940(h), giving you a cause of action in court. Having an internal or CRD complaint on record protects your legal rights and makes it far more difficult for your employer to deny the hostile work environment or retaliatory behavior later on.
In addition, reporting can improve your workplace. Your complaint may result in disciplinary action against the harasser, departmental changes, or broader reforms like new anti-harassment training. Taking a stand also sends a powerful message to colleagues, many of whom may respect your courage and benefit from the safer environment that follows. If litigation becomes necessary, you may be entitled to compensation for back pay, lost promotions, emotional distress, and even reinstatement. While pursuing a lawsuit is a serious decision, knowing your rights and options can help you make the best choice for your career. Silence might feel like the safer route in the short term, but it often leads to greater losses. Reporting is a proactive step that protects both your dignity and your professional trajectory.
Overcoming Fear and Finding Support
It’s completely understandable to feel fearful about reporting sexual harassment. Many people worry: “Will I be labeled a troublemaker?” “Will my coworkers turn against me?” “What if I get fired and can’t find another job?” These fears are powerful, and unfortunately, some bad employers do try to intimidate workers into silence. But here’s the truth: staying silent doesn’t guarantee safety – it often just prolongs the pain. And thanks to strong California laws, you have support and protection when you decide to speak up.
Start by acknowledging that your fear is normal, but also remind yourself that you have rights. As discussed, retaliation is illegal, and companies can face serious penalties for punishing someone who reports harassment. Does it still happen? Yes, it can – but if it does, the law gives you recourse to fight back. In practice, many employers (especially larger companies) will work hard to avoid even the appearance of retaliation once you’ve made a report, because they know the legal risks. Often, the fear of retaliation is worse than the reality: good employers will want to support you, and bad ones will face consequences if they don’t.
It’s also helpful to find support as you prepare to report. You don’t have to go through this alone. Consider confiding in a trusted coworker who might have witnessed the harassment – they could potentially back you up. Seek out friends or family for emotional support, so you have a personal network reminding you that you’re doing the right thing. Some people in California also turn to outside resources, like a therapist or an employee assistance program (EAP), to help cope with the stress while the situation gets resolved. Knowing that you have people in your corner can make a big difference in quelling the fear.
Another excellent form of support is a consultation with an employment attorney. Speaking with a lawyer does not mean you’re suing – it can be purely for advice. An experienced sexual harassment attorney can assess your situation confidentially and give you an honest outlook: they can tell you what steps to take, how strong your case might be, and what protections (like whistleblower laws or anti-retaliation provisions) apply. They can even communicate with your employer on your behalf, which often makes the employer extra careful in handling your complaint. From our experience, when clients know their rights and have legal guidance, their fear often turns into a sense of empowerment. You realize you have the tools to hold the harasser (and employer) accountable, and you’re not just a powerless victim of circumstances.
Finally, remember why reporting matters: not only for yourself, but for others. By speaking up, you may prevent the harasser from targeting someone else in the future. In the era of movements like #MeToo, California has encouraged transparency and speaking out – even passing laws that forbid secret settlements that silence victims, precisely because keeping quiet allows harassment to fester. You’re part of a broader change by choosing not to remain silent. That said, the decision is always yours, and it can be made on your timeline. Whether you report now or need time to gather courage, know that there are people ready to help when you’re ready to take action. Reporting sexual harassment in California is a brave act, but it’s also a protected act – and it can open the door to the justice and peace of mind you deserve.
Resolution: Turning Silence into Action
Reporting sexual harassment is more than a personal act of bravery—it initiates a legal process designed to bring relief, accountability, and meaningful change. Under California’s Fair Employment and Housing Act (Gov. Code § 12940 et seq.), your employer has a legal duty to investigate and remedy harassment once it’s reported. Internal resolution may involve corrective action against the harasser—such as suspension, mandatory retraining, or termination—and remedial measures like reinstating your role, adjusting workload, or granting paid medical leave. A good-faith response by the employer can validate your report and prevent further harm. However, if the employer fails to act or downplays the issue, you are entitled to pursue formal legal avenues.
If internal mechanisms fail, California law provides strong external remedies. Filing a complaint with the Civil Rights Department (CRD) or a civil lawsuit allows you to seek compensatory damages for lost wages, medical expenses, emotional distress, and—in cases of malice or reckless disregard—punitive damages (Civ. Code § 3294). Most cases resolve through pre-trial settlements, often incentivized by the employer’s desire to avoid trial exposure and potential fee awards under Gov. Code § 12965(b). A skilled attorney can negotiate financial and injunctive relief, including mandated policy changes or supervisor training. Whether resolved through mediation, settlement, or trial, the goal is to affirm your rights and catalyze systemic change.
Legal action also supports emotional healing and professional recovery. Survivors frequently report feeling empowered and validated by the resolution process. Whether through a fair settlement or a public judgment, legal recognition of the harm you endured can restore self-worth and affirm that workplace dignity is a protected right—not a privilege. Resolution is not about retaliation; it’s about reparation and deterrence. By holding the perpetrator and employer accountable, you help safeguard your future and improve conditions for others.
Why MSD Lawyers Is the Best Choice for Help
Choosing the right legal representation after experiencing workplace sexual harassment can significantly impact the outcome of your case and your ability to recover with dignity. At MSD Lawyers, we are committed exclusively to protecting employee rights under California’s Fair Employment and Housing Act (FEHA) and related federal and state statutes. Our firm brings extensive experience in litigating sexual harassment and retaliation claims under Gov. Code § 12940 and Title VII of the Civil Rights Act, positioning us to craft compelling claims backed by solid evidence and procedural precision.
What sets MSD Lawyers apart is our client-first, trauma-informed approach. We understand that reporting sexual harassment is both legally complex and emotionally taxing. From your first confidential consultation, we listen without judgment and provide clear, rights-focused guidance on how to assert your legal protections. We assist clients in every phase of the process: drafting internal complaints, filing charges with the Civil Rights Department (CRD), navigating investigations, and initiating litigation when necessary. Our attorneys also prepare clients for depositions and mediations, ensuring you are empowered at each stage.
Our litigation record demonstrates successful outcomes in a range of harassment cases—from hostile work environment claims to retaliation for reporting misconduct. Many of our cases result in favorable settlements that include not only monetary relief but also non-financial remedies such as reinstatement, policy reforms, or monitored workplace changes. We are not afraid to take on high-profile employers or fight aggressively in court when a fair resolution is not reached.
Just as importantly, MSD Lawyers never lose sight of the human side of these cases. We recognize that emotional recovery is intertwined with legal vindication. That’s why we maintain the highest standards of confidentiality and transparency throughout the process. We communicate regularly, explain every legal step, and ensure you are never left in the dark. Our goal is not just legal victory, it’s to give you peace of mind while we hold your employer accountable.
Reporting sexual harassment requires courage. Choosing MSD Lawyers ensures that courage is met with strength, skill, and unwavering legal support. With us, you are not just a client, you are a partner in a legal journey toward justice and healing.
Frequently Asked Questions (FAQ)
Q: How do I report sexual harassment in California?
A: Begin by reporting the harassment internally to your supervisor, Human Resources, or the individual designated in your employee handbook—preferably in writing. Retain copies of all communications. If internal reporting feels unsafe or is ineffective, you may file a complaint directly with the California Civil Rights Department (CRD), formerly known as the DFEH. This agency investigates violations under California’s Fair Employment and Housing Act (FEHA). You can submit an intake form online or by mail, typically within three years of the most recent incident (Gov. Code § 12960(e)). After intake, CRD may investigate or issue a Right-to-Sue notice. Legal counsel can help guide you through this process. Timely reporting strengthens your claim and helps preserve evidence.
Q: Can my employer fire or punish me for reporting sexual harassment?
A: No – not legally. It is against the law for your employer to retaliate (fire, demote, harass, or otherwise punish you) just because you reported sexual harassment or any workplace wrongdoing. California’s FEHA and federal laws both protect employees who come forward. If you believe you were punished for reporting, you could have a separate retaliation claim against the employer. Practically speaking, once you file a complaint, most employers will be very careful with how they treat you. If your employer does retaliate – for example, suddenly gives you poor reviews, cuts your hours, or lets you go – document what’s happening and contact an attorney or the CRD/EEOC immediately. There are strong legal remedies for retaliation, including potential reinstatement to your job and monetary damages. In short, you have a right to speak up, and any attempt to “get back at you” for doing so is illegal.
Q: What if I don’t have hard evidence or witnesses? Can I still report it?
A: Yes, you can absolutely still report it. Many sexual harassment situations happen behind closed doors or without witnesses, and harassers often don’t leave a paper trail. Your report can be based on your own account of what happened. When you report to HR or file a complaint, the investigators will look for any corroborating evidence – for instance, maybe a coworker noticed you were upset after an incident, or there are camera logs, access records, or similar complaints against the same harasser. It helps if you’ve kept a written log of incidents (even if it’s just your own notes) because it shows a pattern or details that bolster your credibility. Even without direct evidence, your testimony matters. Harassment cases sometimes come down to your word against the harasser’s, and in those cases investigators and courts look at the consistency and details of your story, any circumstantial evidence, and the behavior of the parties. Don’t let the lack of an email or video stop you from reporting – if you were harassed, it’s important to speak up. Plus, by reporting, you might encourage others to come forward (sometimes multiple victims of the same person remain silent until one speaks up). Trust yourself and remember that the law doesn’t require you to have proof to make a complaint – it’s an investigation’s job to uncover the truth.
Q: How long do I have to file a sexual harassment claim?
A: Under California law, you generally have three years from the last incident of harassment to file a complaint with the CRD (the state agency). This is a recent extension; it used to be one year, but lawmakers recognized people need more time, so now it’s three. If you’re going through the EEOC (federal route), the deadline is shorter – usually 300 days from the incident in a state like California. Once you file with the CRD and get a Right-to-Sue letter, you then have one year from that letter to file an actual lawsuit in court. These timelines can be confusing, so it’s wise to consult a lawyer or contact the CRD to clarify your specific situation. Also, certain scenarios might extend deadlines (for example, if the harassment was ongoing, the clock might count from the last instance). Bottom line: don’t wait too long. While three years is the outer limit in California, reporting sooner is better to preserve evidence and resolve the issue faster. Even if you’re unsure about suing, filing a complaint protects your right to take legal action later if needed.
Q: Do I need a lawyer to report workplace sexual harassment?
A: You are not required to have a lawyer to report harassment – anyone can file an internal complaint or a CRD/EEOC charge on their own. However, many people find it very helpful to consult with a sexual harassment lawyer early in the process. An attorney can guide you on how to write an effective complaint, advise you on what not to say (to avoid any missteps), and explain your rights in detail. They can also manage communications with your employer – sometimes once a company knows you have legal counsel, they handle your complaint more carefully. If your case needs to go further (settlement negotiations or a lawsuit), having a lawyer from the start means you have someone ready who knows the facts and can advocate for you. Additionally, a local California employment attorney will be familiar with state-specific laws (like FEHA, anti-retaliation protections, etc.) that a general HR person might not tell you. Cost is often a concern, but many harassment attorneys, including MSD, offer free initial consultations, and if you have a strong case, they will represent you on a contingency basis (meaning you don’t pay upfront; they get paid if you win or settle). In summary, you don’t need a lawyer just to report, but getting legal advice is a smart move to ensure you’re fully protected and to reduce the stress of the situation. Even one meeting with a lawyer can clarify your path and give you confidence moving forward.
Work with MSD and Hold Your Employer Accountable
No employee should be forced to choose between their psychological safety and their professional advancement. If you’re experiencing workplace sexual harassment, taking decisive legal action is both a personal and protective measure. Promptly reporting the misconduct and seeking legal guidance can interrupt the cycle of abuse and initiate corrective measures. A skilled sexual harassment attorney can ensure your complaint is properly framed, protect you from retaliation under Gov. Code § 12940(h), hold the harasser and your employer accountable under California law.
While it may feel overwhelming to speak up, doing so often marks the beginning of recovery and restitution. Your legal rights exist to safeguard your mental health, your job, and your dignity. Whether you pursue internal remedies, mediation, or full litigation, asserting your claim can lead to compensation, workplace reforms, and lasting professional vindication. You don’t have to face this alone. The support you need exists—and the law is on your side. Break the silence, reclaim control, and seek justice. Your voice matters, and your future is worth protecting.
Don't let sexual harassment keep you from the justice you deserve. At MSD Lawyers, we're here to help you navigate these challenges and reclaim your rights. Reach out to us today at 213-401-0823 or contact us to start your journey toward a fair and respectful workplace.
