The most common path for workplace sexual harassment in California runs through civil law. Employees report internally, file with a state or federal civil rights agency, and pursue remedies like lost wages, emotional distress damages, and policy changes. Yet some behavior is not just a civil violation, it is a crime. Knowing when to shift from HR and the California Civil Rights Department to a police report can protect safety, preserve evidence, and change the leverage in a case. The judgment call isn’t always obvious, even for experienced HR managers or trial lawyers. The lines blur because a single episode can violate both the California Fair Employment and Housing Act and the Penal Code at the same time.
I have advised people who reported to HR, then felt trapped when the conduct intensified. I have also seen the opposite problem: conduct that was ugly and illegal under civil law, but did not fit a crime, prompting a detective to close the case while the civil claim remained strong. The goal here is practical clarity. What is considered sexual harassment in California, when does it cross into criminal territory, and how do you sequence reporting to avoid harming either path?
The legal frame in California
California workplace sexual harassment laws sit primarily in the Fair Employment and Housing Act, often called FEHA. FEHA sexual harassment law prohibits harassment because of sex, gender identity, gender expression, sexual orientation, pregnancy, and related conditions. The conduct can take two main forms. Quid pro quo harassment in California arises when a supervisor demands sexual favors in exchange for job benefits or threatens adverse action if the target refuses. Hostile work environment in California occurs when unwelcome conduct is severe or pervasive enough to alter working conditions.
California’s definition is intentionally broad. Verbal sexual harassment in California includes slurs, sexual comments, repeated unwanted advances, or explicit messages. Physical sexual harassment in California covers unwanted touching, groping, kissing, and assaults. Third party sexual harassment in California, such as harassment by clients or vendors, is included. Independent contractors also have protection, an important feature of California workplace harassment laws that many states lack.
FEHA sets strict employer responsibility. Employer liability for sexual harassment in California is automatic when a supervisor harasses and results in a tangible employment action. Even without a tangible action, liability can attach if the employer fails to take reasonable steps to prevent and correct harassment. For coworker sexual harassment in California, the employer is liable if it knew or should have known and failed to intervene. California sexual harassment policy requirements, training obligations (including AB 1825 and SB 1343 harassment training), and prompt investigations are part of the statutory fabric. Failure on any of these fronts can be evidence of negligence and may increase damages.
Civil remedies include back pay, front pay, emotional distress, potential punitive damages, and injunctive relief. California sexual harassment settlements vary widely, from five figures to well into seven, depending on liability strength and harm. A sexual harassment lawsuit in California must typically start with an administrative complaint. Today, you file with the California Civil Rights Department, formerly DFEH, though some practitioners still say DFEH out of habit. You can also dual file with the EEOC. For most claims, the filing deadline is three years from the last unlawful act, though exceptions exist. Many cases resolve through investigation, mediation, or private negotiation before trial.
None of this answers when to call the police. For that, consider the criminal law overlay.
When sexual harassment is also a crime
California sexual harassment laws do not convert every offense into a criminal case. Criminal law asks a different question: did the conduct violate a specific Penal Code provision beyond a reasonable doubt? Some common intersections include:
- Unwanted physical contact of a sexual nature. California Penal Code sections on sexual battery can apply when someone touches an intimate part without consent, even over clothing, for sexual arousal, gratification, or abuse. This often arises with groping, forced kisses, or pressing against someone’s body. A single incident can be enough. Stalking and credible threats. Persistent unwanted following, surveillance, or contact that causes fear might satisfy California’s stalking statute. Add threats, and prosecutors may consider criminal charges. In the workplace, this sometimes follows a breakup or a rebuffed advance. Criminal threats and extortion. If a supervisor says, sleep with me or I will ruin your career, that is classic quid pro quo harassment under FEHA. It may also veer into extortion or coercion, depending on the facts. Threatening violence is separately chargeable. Voyeurism and recording. Hidden cameras in restrooms or locker rooms are crimes. Nonconsensual distribution of intimate images can also be criminal. Employers sometimes discover this through IT audits or employee tips. Sexual assault. Any sexual act achieved by force, fear, or when a person cannot consent, belongs squarely in the criminal realm. This includes assaults at work-sponsored events or offsite business trips. Alcohol does not erase criminal liability.
Verbal harassment, even vile, often stays in the civil lane unless it includes true threats or harassment that meets the criminal threshold for stalking or threats. That is frustrating for many victims, but it explains why a police officer might decline a report that FEHA would validate.
The practical line: safety risk and evidence
When safety is at risk, law enforcement should be considered promptly. If someone threatens violence, blocks exits, or escalates physical behavior, waiting for HR to investigate can invite harm. Law enforcement can issue emergency protective orders, arrest suspects, and collect time-sensitive evidence. Civil processes cannot do that. The tradeoff is that once you involve police, you cede some control over the timeline and outcome, and criminal investigations can become public in ways civil claims often are not.
For evidence, criminal cases value immediacy. A sexual harassment investigation in California workplaces may unfold over weeks. Police want statements while memories are fresh, photographs of injuries, messages preserved before deletion, and physical DNA evidence collected promptly. If you plan to involve law enforcement, do not delay. Preserve text messages, emails, DMs, Slack chats, photos, and calendar entries. Save access logs or keycard data if you have it. If medical attention is needed, request a forensic exam. In my experience, the first 48 to 72 hours are critical for physical evidence, and the first week is critical for corroborating witness statements before stories spread.
Sequencing reports without losing your civil rights
You can pursue both paths. FEHA sexual harassment claims and criminal complaints are not mutually exclusive. The best sequencing depends on the facts:
If there is current safety risk or recent physical assault, call 911 or make a police report first. Do not wait for HR. Then notify your employer to trigger interim safety measures, like separating schedules or limiting contact. If you have counsel, they can coordinate with detectives to avoid compromising either case.
If the conduct is severe but nonphysical, you can start with an internal report and a California Civil Rights Department sexual harassment complaint, then involve police if threats emerge. The employer’s response can strengthen the civil claim. Still, preserve all records as if a criminal case might follow.
When incidents include both cyber and physical elements, such as explicit threats over text followed by unwanted touching at a work event, simultaneous reporting is ideal. Ask law enforcement to implement an emergency protective order while HR sets no-contact directives. Document each step.
Make sure to calendar the filing deadline for your civil claim. The California sexual harassment statute of limitations for filing with the Civil Rights Department is generally three years from the last unlawful act, with additional time after a right-to-sue letter to file in court. There are nuances for minors, delayed discovery, and continuing violations. Missing the filing deadline can end a strong claim.
Employer duties do not disappear when police are involved
Some employers mistakenly pause their sexual harassment complaint process in California when law enforcement steps in. That is risky. FEHA requires employers to take reasonable steps to prevent and promptly correct harassment. That means issuing interim measures, conducting a fair investigation, and enforcing policies. Employers can coordinate with police to avoid interfering with a criminal probe, but they cannot ignore their civil responsibilities.
A good California sexual harassment policy sets out confidential reporting channels, prohibits retaliation, and outlines corrective action. California sexual harassment training requirements under AB 1825 and SB 1343 mandate regular training for supervisors and non-supervisors. In practice, robust training reduces the chance that managers minimize a report or tell employees to “work it out.” If your employer lacks a policy or delays action, that becomes part of your FEHA case.
Retaliation and wrongful termination risks
Reporting sexual harassment in California creates a protected activity under FEHA. Retaliation is illegal. This includes cutting hours, demoting, isolating, or firing someone for reporting, assisting in an investigation, or opposing unlawful acts. California sexual harassment retaliation is often easier to prove than the underlying harassment if the timing is tight and the employer’s stated reason for discipline shifts or lacks documentation. Wrongful termination linked to a harassment complaint carries significant exposure for employers, including emotional distress and potential punitive damages.
When law enforcement is involved, retaliation can look like pressuring an employee to drop a police complaint, threatening immigration status, or assigning dangerous shifts near the accused. Document each adverse change. Your notes become crucial evidence.
Special contexts: supervisors, coworkers, and third parties
Supervisor sexual harassment in California has outsized legal consequences because employers are generally strictly liable for a supervisor’s harassment that leads to a tangible job action. If a supervisor propositions an employee with quid pro quo demands, the civil case is often strong even if police decline criminal charges. If the supervisor’s conduct includes sexual battery or threats, law enforcement should be considered immediately because supervisors control schedules and access, increasing risk.
Coworker harassment requires a showing that the employer knew or should have known and failed to correct. Law enforcement can still be appropriate if the coworker commits a crime, but HR’s response will define the civil case. For example, moving the target instead of the harasser can constitute adverse action.
Third party harassment, such as a client grabbing an employee, presents both civil and criminal options. The client may face criminal liability for physical acts. The employer must protect the employee, even if it risks the account. California courts expect employers to set boundaries with customers and vendors.
Independent contractor sexual harassment in California is actionable under FEHA. A rideshare driver harassed by a customer, or a freelance stylist harassed by a salon manager, has civil rights. Whether to involve law enforcement follows the same analysis: threats and physical acts point toward a police report.
Evidence that matters in both civil and criminal paths
Courts and investigators favor contemporaneous records. Write down what happened, who was present, the time, date, and location. Save texts that show unwanted advances at work in California settings, such as shift assignments tied to flirtation. Photos of bruises or torn clothing matter. Calendar events showing private meetings orchestrated by a supervisor can corroborate opportunity.
Witnesses can be reluctant. A tight, factual initial statement helps them remember later. If you report to HR, ask for a written acknowledgment and a summary of interim measures. If you file with law enforcement, ask for a report number and the detective’s contact. In California, employees can request their own HR complaint file in many situations, and your lawyer can subpoena records if needed.
For digital evidence, export chats to PDF, screenshot with timestamps, and store originals in cloud storage. If your company uses Slack or Teams, your legal counsel can request retention holds to prevent deletion. If you are an employer, implement litigation holds the moment a complaint surfaces.
How to file: civil rights agencies and police
The sexual harassment complaint process in California’s civil system starts with the Civil Rights Department. You can file online, by mail, or through counsel. Many lawyers obtain an immediate right-to-sue notice to move directly to court. Others let the agency investigate or mediate. Mediation through the Civil Rights Department can resolve cases within months, though complex matters often take longer. EEOC sexual harassment claims can be dual-filed to preserve federal rights, which may be useful for employers with fewer than five employees, since FEHA covers most employers with five or more while certain FEHA harassment provisions apply even to smaller employers.
For police, if the incident is recent or ongoing, call the local department where it occurred. For past incidents, you can visit a station or file an online report if available, then follow up in person. Bring any evidence. Be concise and factual. If the first officer dismisses the case but you believe a crime occurred, ask to speak with a supervisor or a detective in the appropriate unit. Some departments have specialized sex crimes or workplace violence units.
A criminal case does not pay civil damages. It can, however, secure no-contact orders, build leverage for settlement, and validate the victim’s account. Prosecutors may request restitution, but it rarely covers the full scope of lost wages and therapy. A civil claim remains the primary avenue for compensation.
The employer’s investigation: getting it right
A credible sexual harassment investigation in California follows a few best practices. The investigator should be impartial, trained, and perceived as neutral. The scope should be clear, timelines reasonable, and interviews thorough. Confidentiality is not absolute because the accused must know enough to respond, but employers should minimize disclosure. Interim measures should protect the complainant without punishing them.
If an employer punts the investigation to outside counsel, that can reassure employees of neutrality, but it also raises privilege issues. When employers mix business advice with factual findings, they risk losing privilege over the investigatory report in litigation. Many companies now hire independent HR investigators or separate counsel for fact-finding, then consult legal counsel on remedial action.
If law enforcement is active, the employer should coordinate to avoid compromising the criminal probe. That does not mean freezing the civil process completely. Safety measures cannot wait. Courts and the Civil Rights Department look at what the employer did in the first days and weeks to mitigate harm.
Training and prevention: what works and what doesn’t
California AB 1825 sexual harassment training and SB 1343 set minimums for supervisors and non-supervisors. Check-the-box slide decks do not change culture. The most effective programs I have seen include short, scenario-based modules delivered quarterly, not just a two-hour marathon every other year. They cover bystander intervention, reporting options beyond the chain of command, and clear examples of what crosses the line under California sexual harassment laws. They also explain that some conduct is criminal, and how to respond if a coworker faces immediate danger.
A strong policy includes multiple reporting channels, including outside HR, anonymous lines, and access to a third-party ombud. It promises non-retaliation and explains the sexual harassment complaint process in California terms employees understand. Leaders model the boundaries. When senior people face consequences, employees believe the policy means something.
Arbitration, mediation, and how criminal issues affect them
Many California employers still use arbitration agreements. The law on enforceability has shifted over the past few years, but many agreements remain valid. Sexual harassment arbitration in California can move faster than court, and it is private. However, if a criminal case is underway, you may see stays or strategic delays. Criminal defendants have Fifth Amendment rights, and their invocation can slow civil discovery. On the other hand, a criminal conviction can simplify the civil case via collateral estoppel on key facts.
California sexual harassment mediation can resolve cases early, even when police are involved. Mediators will manage confidentiality carefully. Expect the employer to insist on strong non-disparagement language, though California law now limits the scope of NDAs in harassment cases. If an NDA is proposed, ask counsel to confirm it complies with the Silenced No More Act, which restricts gag clauses that hide facts of harassment and discrimination.
Damages and timelines: realistic expectations
Timelines vary. A typical California sexual harassment case timeline might look like this: internal report in week one, interim measures within days, employer investigation over four to eight weeks, Civil Rights Department filing within one to three months, mediation at six to twelve months, and, if unresolved, civil litigation that can last 12 to 24 months. Criminal investigations often move in parallel but on their own schedule, with charging decisions taking weeks to months, and trials many months later.
Sexual harassment damages in California include economic losses like back pay, benefits, and sometimes front pay, plus emotional distress. Severe cases with medical evidence and egregious conduct, especially involving supervisors, can command higher values. Punitive damages require clear and convincing evidence of malice, oppression, or fraud and managerial ratification. Each case is different. Juries can be generous or conservative, and arbitration awards tend to be more predictable but still substantial in strong cases.
Whistleblower protections and special wrinkles
California sexual harassment whistleblower protection overlaps with FEHA retaliation provisions and Labor Code sections that prohibit retaliation for reporting violations of law. If Employment Law Aid California you report to law enforcement, that is protected activity. If your report exposes systemic policy failures, you may have parallel whistleblower claims. These claims can widen the scope of damages and fees.
Constructive dismissal arises when a work environment becomes so intolerable that a reasonable person would resign. If an employer fails to protect a complainant from ongoing harassment or retaliation, a resignation can be treated as a termination. That raises stakes for employers to implement effective remedies quickly.
Working with counsel
A California sexual harassment attorney navigates both tracks: civil rights enforcement and, when appropriate, criminal reporting. Lawyers will assess whether the facts meet criminal thresholds, advise on sequencing, and preserve evidence. They also manage communications so that statements to HR or police do not inadvertently harm either case. If your employer pushes you into arbitration or offers a quick settlement before you grasp your rights, counsel provides balance. If you are an employer, an experienced lawyer helps design a response that protects people and limits liability.
Finding a sexual harassment lawyer in California involves more than a web search. Ask about FEHA trial experience, not just settlements. Ask how they handle cases that also involve police. Confirm whether they work on contingency, hourly, or hybrid. In a strong case with clear liability and damages, contingency fees are common. For employers, retain counsel who understands both employment law and crisis management.
A measured approach to involving law enforcement
Police are not an all-or-nothing switch. They are one tool among several. The decision turns on immediacy of danger, criminal thresholds, and the need to preserve evidence. If there has been a sexual assault, serious unwanted touching, credible threats, stalking, or voyeurism, involve law enforcement. If the conduct is severe verbal harassment, propositioning, or pattern of crude messages without threats, civil paths may be primary, though you should reassess if escalation occurs.
The civil system offers compensation and policy change. The criminal system offers immediate protection tools and societal accountability. In California, both systems can operate at once. The best outcomes I have seen come from early safety planning, meticulous evidence preservation, and careful sequencing that respects the demands of each forum.
A short, concrete checklist for next steps
- If you are in danger or there was a recent physical assault, call 911 and seek medical care. Ask about a forensic exam if appropriate. Preserve evidence now: texts, emails, photos, access logs, witness names, calendar entries. Back them up. Notify your employer in writing and request interim safety measures and a prompt investigation. File with the California Civil Rights Department or consult counsel about obtaining a right-to-sue letter. Speak with a California sexual harassment lawyer about civil strategy, reporting to police, retaliation risks, and deadlines.
Final thought
California’s framework is strong, but it still relies on human judgment in messy situations. Draw the line using two touchstones. First, safety. If you feel unsafe, or if a crime likely occurred, involve law enforcement. Second, your rights. Preserve your civil claim under FEHA by documenting, reporting, and filing on time. The systems are different, but they can work together. With a clear head and the right support, you can protect yourself and hold the right people accountable.