What Law Actually Covers Workplace Harassment?
California’s Fair Employment and Housing Act, often referred to by its FEHA acronym, is the primary state law prohibiting harassment based on sex, gender, and other protected characteristics in the workplace. The relevant provisions are set out in Government Code Section 12940, which makes it unlawful for an employer or any individual to harass an employee because of protected characteristics including sex and gender.
FEHA generally applies to employers with five or more employees, a lower threshold than comparable federal law, which means many California workplaces fall under this protection even when they would not be covered by federal anti-discrimination statutes alone.
How Long Do You Actually Have to File?
Workers generally have three years from the date of the harassment to file a complaint with California’s Civil Rights Department, the state agency that enforces FEHA claims. This deadline was extended from a much shorter one-year window when the legislature passed reforms specifically intended to give harassment survivors more time to come forward, recognizing that many people need time before they are ready to pursue a formal complaint against an employer.
Does the Clock Start on the First Incident or the Last?
For harassment that happens as a pattern rather than a single event, courts have recognized what is called the continuing violation doctrine, which can allow earlier incidents to be considered as part of a claim as long as the pattern continued into the filing window. This does not mean every incident from years earlier automatically counts, but it does mean a pattern of ongoing conduct is not automatically cut off at the three-year mark if it persisted into that period.
This doctrine matters most for harassment that built gradually over time rather than occurring as a single isolated incident, since it prevents an employer from arguing that only the most recent event is legally relevant.
What Happens After You File With the State?
Filing with the Civil Rights Department is generally a required step before pursuing a lawsuit in court. Once a complaint is filed and processed, the agency typically issues what is known as a right-to-sue letter, after which a worker generally has one additional year to file a civil lawsuit. A Woodland Hills sexual harassment lawyer can help determine the right sequence and timing for a specific situation, since missing either deadline can jeopardize an otherwise valid claim.
What Evidence Strengthens a Harassment Claim?
A handful of records consistently matter most in these cases:
- Any written communications from the harasser, including texts, emails, or messages
- Contemporaneous notes documenting incidents as they occurred
- Names of coworkers who witnessed the conduct or its aftermath
- Records of any internal complaint made to human resources or management
Documenting incidents as close to when they happen as possible tends to produce a far more credible and detailed record than trying to reconstruct events months or years later.
Does Reporting Internally Protect Your Rights?
Reporting harassment internally is a reasonable and often necessary step, but it does not extend or replace the FEHA filing deadline with the state. Workers sometimes assume that as long as they reported the issue to HR, their legal timeline is protected, but the three-year window for filing with the Civil Rights Department runs regardless of internal reporting or any promises made during that process.
What Should You Do With This Timeline?
Harassment claims involve enough emotional weight without the added pressure of an unclear deadline. Goldberg Injury Lawyers has represented workers throughout the San Fernando Valley in harassment and workplace claims and can help clarify exactly where a specific situation stands within these timelines.
Where Should You Start?
If you experienced harassment at work and are looking for a Woodland Hills sexual harassment lawyer, understanding your filing window now protects your ability to act before the deadline closes.
