Sexual Harassment
California's FEHA prohibits sexual harassment in the workplace. There are two primary theories: quid pro quo harassment, where submission to sexual conduct is made a condition of employment or employment benefit, and hostile work environment harassment, where unwanted conduct based on sex is severe or pervasive enough to alter the conditions of employment.
Quid Pro Quo Harassment
California's official jury instructions set out precisely what a plaintiff must prove to win at trial — giving you a clear picture of exactly what your case requires. Under the California Civil Jury Instructions (CACI No. 2520), a plaintiff must prove each of the following:
- The plaintiff was an employee of the defendant;
- A supervisor of the defendant made unwanted sexual advances to the plaintiff, or engaged in other unwanted verbal or physical conduct of a sexual nature;
- Submission to the supervisor's conduct was made an explicit or implicit condition of receiving employment benefits or avoiding adverse employment action;
- The plaintiff was harmed; and
- The supervisor's conduct was a substantial factor in causing the plaintiff's harm.
Hostile Work Environment Harassment
Under the California Civil Jury Instructions (CACI No. 2521A) (Gov. Code §§ 12923, 12940(j)), a plaintiff must prove each of the following:
- The plaintiff was subjected to unwanted harassing conduct because of sex or another protected characteristic;
- The harassing conduct was severe or pervasive;
- A reasonable person in the plaintiff's circumstances would have considered the work environment to be hostile or abusive;
- The plaintiff considered the work environment to be hostile or abusive;
- A supervisor engaged in the conduct, or the employer or its agents knew or should have known of the conduct and failed to take immediate and appropriate corrective action;
- The plaintiff was harmed; and
- The conduct was a substantial factor in causing the plaintiff's harm.
Severe or Pervasive
California courts assess severity and pervasiveness by looking at the totality of the circumstances — including the nature, frequency, and duration of the conduct, and whether it was physically threatening or humiliating. See CACI No. 2524. A single, sufficiently severe incident can be enough.
Arbitration and the EFAA
The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) allows survivors of sexual harassment to void pre-dispute arbitration agreements and bring their claims in court. In Casey v. Superior Court (2025), the California Court of Appeal held that the EFAA also preempts state choice-of-law provisions that employers use to route claims into arbitration-friendly forums.
Frequently Asked Questions
What is the difference between quid pro quo and hostile work environment harassment?
Quid pro quo harassment occurs when a supervisor conditions an employment benefit on submission to sexual conduct. Hostile work environment harassment occurs when unwanted conduct based on sex is severe or pervasive enough that a reasonable person would find the workplace hostile or abusive.
Does the harassment have to be sexual in nature?
Not necessarily. Harassment based on any characteristic protected by FEHA — including sex, gender identity, race, disability, or religion — is prohibited. Sexual harassment is a specific and common form, but California law is broader than that label suggests.
Can I still go to court if I signed an arbitration agreement?
In many sexual harassment cases, yes. The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) allows survivors to void pre-dispute arbitration agreements and bring their claims in court. In Casey v. Superior Court (2025), the California Court of Appeal held that the EFAA also preempts state choice-of-law provisions used to route harassment claims into arbitration-friendly forums.
How severe does the conduct need to be?
California courts look at the totality of circumstances — the nature, frequency, and duration of the conduct; whether it was physically threatening or humiliating; and its effect on the ability to work. A single sufficiently severe incident can be enough. See CACI No. 2524.
Request a Confidential Consultation
If you have experienced sexual harassment at work, Teti Law offers confidential consultations to evaluate your matter. All communications are treated with strict confidentiality.