California’s Fair Employment and Housing Act (FEHA) has long prohibited sexual harassment in the workplace. Many employers and workers know the basics: supervisors cannot demand sex for job benefits, repeated unwanted comments can create a hostile work environment, and retaliation for reporting is unlawful. What surprises people is how far FEHA’s protection extends. In California, non-employees are also protected: contractors, interns, volunteers, vendors, clients, temps placed by an agency, delivery drivers, even the film crew hired for a single day. Employers can be liable if they knew or should have known about harassment of a non-employee and failed to take immediate, appropriate corrective action.
That single idea has real consequences. Businesses that rely on staffing agencies or subcontractors often assume those workers are someone else’s problem. They are not. The statute is built to protect anyone who provides services in a workplace, and the obligation falls on the entity that controls the worksite and its people, not just the worker’s direct employer. If a bartender at a hotel is harassed by a visiting DJ, or a software company’s engineer is harassed by a client’s executive, the company that controls the work environment has duties under FEHA.
The legal backbone: FEHA’s broad reach
FEHA is California’s core anti-discrimination and anti-harassment law. For sexual harassment, the statute and regulations take a clear stance: the law applies to employees, applicants, unpaid interns, volunteers, and non-employees who provide services for an employer. That includes independent contractors and workers placed by third parties. FEHA defines harassment to include verbal harassment (slurs, graphic comments, repeated sexual remarks), physical harassment (unwanted touching, blocking movement), visual harassment (gestures, sexual images at work), and quid pro quo harassment (conditioning a job benefit on sexual conduct).
The non-employee provision was not a mere add-on. The Legislature recognized how modern workplaces function. Work gets done through partnerships, agencies, platform workers, and project teams that cross company lines. A rule that leaves those workers unprotected would create perverse incentives. So FEHA imposes a duty where control lives: any entity that knows or should know harassment is occurring in its workplace must act.
In practical terms, this means a business can be liable for sexual harassment by its employees toward non-employees, and in many scenarios, for harassment of its employees by third parties. Courts assess whether the employer failed to take all reasonable steps to prevent and promptly correct harassment. The exact steps vary with context, but the standard is proactive.
What counts as sexual harassment in California
Two basic categories appear in most cases. Quid pro quo harassment occurs when a supervisor or person with authority ties a job benefit to sexual conduct or punishes refusal. Hostile work environment harassment occurs when unwelcome conduct based on sex, gender, sexual orientation, gender identity, or gender expression becomes severe or pervasive enough to interfere with work or create an intimidating, hostile, or offensive environment.
California law does not require the target to show that the conduct was motivated by sexual desire. It is enough that the conduct was because of sex or gender. A pattern of degrading comments about women, repeated sexual jokes, or persistent unwanted advances can qualify. The standard considers frequency, severity, whether the conduct was physically threatening or humiliating, and whether it unreasonably interfered with work.
One more nuance matters: a single incident can be sufficient if it is severe, such as sexual assault or egregious physical touching. A series of lesser incidents can also add up. The perspective includes both the victim’s experience and an objective view of what a reasonable person would feel under the circumstances.
Non-employees: where the law meets real life
Consider a catering company that sends staff to a hotel ballroom. A hotel manager repeatedly corners a server in a storage room, brushing against her and making explicit comments. The server is not an employee of the hotel. Under FEHA, the hotel can be liable if it knew or should have known about the conduct and failed to act. The hotel cannot escape responsibility by pointing to the staffing agency. It must have policies, training, and a complaint channel that covers non-employees on its premises, and it must intervene promptly once aware.
Or take a tech startup that brings in a freelance designer twice a week. A team lead peppers him with flirtatious texts and sexual memes, then jokes that the next contract extension depends on “being friendlier.” If the company learns of this, it must investigate and stop the conduct. That could mean disciplining the team lead, separating the individuals, and reaffirming the harassment policy to the department. If the company shrugs or delays, it risks liability for third party sexual harassment in California and a related retaliation claim if the freelancer’s contract is cut after he reports.
These scenarios show the central point of California workplace harassment laws: the label on a worker’s tax form does not control protection. The relationship to the workplace does. FEHA sexual harassment coverage follows the worksite and the entity with power to prevent and correct misconduct.
Employer responsibility when non-employees are involved
California law requires employers to take all reasonable steps to prevent and correct harassment. For non-employee interactions, reasonable steps typically include a policy that extends to contractors and vendors; a complaint process that non-employees can access; training that mentions third parties; and a practice of acting fast when reports surface.
An employer’s liabilities turn on what the company knew, what it should have known with reasonable diligence, and what it did in response. If a supervisor witnesses an incident and fails to escalate, that knowledge is imputed to the employer. If multiple staff have informally aired concerns about a visiting consultant, the employer should not wait for a formal complaint. It should proactively check in, document, and address the behavior. California workplace sexual harassment laws are designed to favor prevention over post hoc apologies.
Employers sometimes ask whether they can discipline someone else’s employee. While you cannot terminate a contractor employed by another company, you can and should demand removal from your site, limit the person’s access, or insist on substituting personnel under the agreement. You can also bar a client’s representative from your offices. These are considered appropriate corrective actions under employer liability for sexual harassment in California when tailored to the situation.
Training requirements and policy design that actually work
California AB 1825 sexual harassment training originally required employers with 50 or more employees to provide supervisors with at least two hours of training every two years. California SB 1343 harassment training expanded this, requiring certain training for both supervisors and non-supervisors in workplaces with five or more employees, including seasonal or temporary workers. These training requirements sit alongside a separate legal duty to take all reasonable steps to prevent harassment, which includes a compliant policy, distribution, translations for non-English speakers where needed, and a method for reporting that bypasses the immediate supervisor.
Training should not be a box-check. The most effective sessions include scenarios that feature third parties, like vendors or contract workers. Employees need to know that conduct toward contractors or interns counts, and contractors should be told how to report. Policy language should expressly state that FEHA prohibits harassment of or by non-employees, that complaints can be made without retaliation, and that the company will act even if the misconduct comes from a client, customer, or vendor.
For layered workplaces, add a clause in vendor and staffing contracts requiring compliance with your harassment policy, cooperation in investigations, training commitments, and the right to remove offending personnel. This is not only prudent, it is evidence that the company took reasonable preventive steps.
Reporting sexual harassment and the complaint process in California
Victims and witnesses have multiple reporting avenues. Inside a company, the policy should offer more than one path: HR, a designated compliance officer, a direct manager, or a hotline. For non-employees, access matters. If a temp cannot get into the company’s HR portal, the policy should give a phone number and email monitored by HR and accept reports from non-company addresses. Managers should be trained to treat offhand remarks as potential complaints, to document, and to escalate immediately.
Externally, the California Civil Rights Department handles state-level complaints. Formerly known as the DFEH, the CRD process is the gateway to a FEHA lawsuit. A complainant typically files online, by mail, or by phone. After the CRD evaluates the complaint, it may investigate, seek mediation, or issue a right-to-sue letter. People can also file with the EEOC, which can cross-file with the CRD to preserve claims under both federal and state law.
The sexual harassment complaint process in California does not require a person to first exhaust internal company remedies, though doing so can help resolve issues quickly and build evidence. If the harasser is a customer or client, employees often feel trapped. That is where training and leadership behavior matter. Workers must hear and see that reporting sexual harassment in California is safe, that retaliation is banned, and that leadership will protect them even if it puts revenue at risk.
Statutes of limitations and timing pitfalls
Deadlines shape every sexual harassment claim in California. For FEHA claims, the filing deadline with the CRD is generally three years from the last act of harassment, with some tolling provisions for delayed discovery or minors. After obtaining a right-to-sue letter, a person usually has one year to file a civil action. These rules have been adjusted in recent years to give victims more time, but the details are nuanced. There are shorter windows for government employers, and arbitration agreements can alter the path.
If the claim also involves wages, assault, or other torts, different statutes of limitations might apply. The cleanest approach is to consult a California sexual harassment attorney as soon as possible so the strategy aligns with all relevant timelines. Delay causes real damage: witnesses move on, text messages get lost, and memories fade. A seasoned sexual harassment lawyer in California will work quickly to secure evidence and preserve claims.
Evidence that makes or breaks a case
In practice, sexual harassment evidence in California cases rarely looks like a smoking gun email. Most cases turn on corroboration and credibility. Useful proof includes text messages, Slack or Teams chats, email threads, calendar invites that show isolation or unusual meetings, photos of vulgar images posted in a workspace, badge logs showing proximity, and contemporaneous notes. Even short journal entries on a phone, time-stamped, can carry weight. Names of coworkers who noticed changes in behavior or witnessed parts of the conduct matter.
Video cameras exist in many workplaces, but retention policies can be a hurdle. Employers often overwrite footage in 15 to 45 days. If you suspect a key incident was captured, send a written preservation request immediately to the employer and, if applicable, to any vendor that controls the camera system. In cases involving third party sexual harassment in California, you may need to send requests to multiple entities, including building management.
Investigations and common mistakes
A solid sexual harassment investigation in California follows certain basics: prompt initiation, impartial investigator, interviews of the complainant, the accused, and witnesses, document collection, and a reasoned credibility assessment. The investigator should maintain confidentiality to the extent possible while still performing a thorough review. Both parties should be allowed to provide evidence and respond to key facts. The outcome should be documented, including corrective measures taken.
Where cases falter is not in the legal standard but in execution. Common missteps include assigning a manager who is close to the accused to run the investigation, focusing narrowly on a single incident while ignoring a pattern, failing to interview obvious witnesses, or delaying action while a high-value client negotiates a contract. Employers sometimes sidestep by removing the contractor rather than disciplining the harasser who is on their payroll. That can look like retaliation and will not satisfy the duty to correct.
If the accused is a customer, the employer still must protect the employee or contractor. That might mean removing the employee from the account without hurting their compensation or opportunities, requesting that the customer assign a different representative, or ending the customer relationship in serious cases. FEHA expects employers to choose compliance over convenience.
Damages, remedies, and business risk
In a sexual harassment lawsuit in California, available remedies can include back pay, front pay, emotional distress damages, and in egregious cases, punitive damages. Prevailing plaintiffs can also seek attorney’s fees and costs. Settlements vary widely. Modest cases resolve in the low five figures, while cases with severe misconduct, career impact, or retaliation can reach six or seven figures, especially with punitive exposure or where employer leadership ignored obvious risks.
Outside court, businesses face operational fallout. Morale dips, recruiting gets harder, and union or regulatory attention intensifies. For public-facing brands, reputational damage compounds. Insurers scrutinize employment practices liability insurance (EPLI) claims and can raise premiums. The real cost of noncompliance often exceeds any single settlement.
How to file and what to expect along the way
If you intend to file a sexual harassment claim in California, the route typically follows a pattern. First, consider making an internal report so the employer has a chance to fix the problem and generate a record. That step is not mandatory for a FEHA claim, but it can stop ongoing harm and bolster credibility. Second, file with the CRD within the statutory window. The intake asks for names, dates, places, and a narrative. The agency may request documents and propose mediation. Many cases resolve at this stage through California sexual harassment mediation, often within six to twelve months of filing, although timelines vary by region and caseload.
If the case does not resolve, you can request a right-to-sue letter and proceed to court or arbitration, depending on any arbitration agreement. Arbitration can move faster in some venues but often limits discovery and may keep outcomes confidential. Some claims also proceed with the EEOC, which might cross-file. During the case, expect depositions, document exchange, and motion practice. Trial dates can be 12 to 24 months out, sometimes longer in crowded counties like Los Angeles and San Francisco.
One practical note: an early, carefully drafted demand letter that lays out facts, law, and damages often triggers productive settlement talks. A lawyer who understands hostile work environment laws in California and the nuances of FEHA sexual harassment can help you quantify emotional distress, career harm, and the effect of retaliation, and can prepare for defenses related to employer policies and training.
Retaliation and constructive discharge
California sexual harassment retaliation claims are common because sexual harassment california retaliation is subtle and can come from many angles. Adverse actions include termination, demotion, loss of shifts, pay cuts, exclusion from meetings, or negative performance reviews that spring up after a report. For contractors, the red flags look different: contract non-renewal, sudden removal from a schedule, or unexplained reassignment that hurts income. FEHA prohibits retaliation against anyone who reports or participates in an investigation, whether or not the underlying harassment is ultimately proven.
Sometimes, conditions become intolerable. If a person resigns because the environment is unbearable, they may assert constructive discharge. That theory demands a high showing; the conditions must be so severe that a reasonable person would feel compelled to quit. For California sexual harassment constructive dismissal claims, evidence of persistence, management’s failure to act, and the lack of safe alternatives will matter.
Industry-specific patterns and third party exposure
Some industries see more third party exposure. Hospitality, retail, healthcare, and logistics place workers in constant contact with customers, patients, or drivers who are not employees. Bars and hotels confront late-night dynamics and alcohol, both risk multipliers. Healthcare settings must address patient conduct, especially for nurses and aides who face repeated boundary violations. Tech and media companies rely on contractors and short-term creative teams, intensifying the need for clear policies that include non-employee protections.
For example, a retail store cannot dismiss customer harassment as “part of the job.” The employer must set expectations, allow staff to refuse service when safe, and back them up. In healthcare, policies should cover de-escalation, chaperones, and reassignment without pay penalties. In entertainment, production companies should brief crews, designate a point of contact for complaints, and move quickly to remove problematic individuals, whether they are talent, crew, or third party vendors.
Practical steps for employers that make a difference
- Write and distribute a policy that explicitly covers harassment of and by non-employees, with multiple reporting options accessible to contractors and temps. Train supervisors and staff with real scenarios involving vendors, clients, interns, and gig workers; refresh every two years or more often after incidents. Build vendor and staffing agreements that require compliance with your policy, cooperation in investigations, and swift removal of offenders on request. Create a simple complaint intake for non-employees, including a publicized email and phone line, and track outcomes to ensure consistent responses. Act fast: separate parties, preserve evidence, investigate impartially, and implement corrective actions proportional to the conduct, even if it involves a customer.
Practical steps for workers and contractors who experience harassment
- Document promptly: save texts, emails, chat logs, and write short notes with dates and names; send a brief self-email after incidents to create a timestamped record. Report through available channels, and if you are a contractor, use the host company’s HR contact in addition to your agency; ask in writing for preservation of video or messages. Seek support: a trusted coworker can corroborate context, and a supervisor not involved in the conduct may help with separation or schedule changes. Consider medical or counseling care if needed; records can validate emotional distress in a sexual harassment claim in California. Consult a California sexual harassment lawyer early to assess deadlines, arbitration clauses, and strategy, especially if you are a non-employee navigating multiple entities.
Arbitration, mediation, and the path to resolution
Arbitration agreements remain common. Some employers require them for employees and contractors. Whether enforceable depends on contract language and evolving California and federal law. Arbitration can streamline cases, but it also limits jury trials and may constrain discovery. Many cases still settle before a final hearing. Mediation, either through the CRD or private mediators, gives both sides a confidential space to test positions. Skilled mediators help quantify risk by comparing facts to California sexual harassment settlements in similar contexts, taking into account the severity of conduct, credibility, employer policies, training history, and the presence of retaliation.
Confidentiality provisions in settlements are increasingly restricted by California law when it comes to facts of harassment and discrimination. Employers can still protect dollar amounts in many instances, but they cannot require silence about facts underlying claims of sexual harassment in California. That shift encourages transparency and helps deter repeat offenders.
Where FEHA meets culture
Compliance is the floor, not the ceiling. The spirit of FEHA sexual harassment protections for non-employees recognizes the reality of blended workforces. A culture that respects boundaries, responds quickly to concerns, and values a safe workplace for everyone will prevent more harm than any written policy alone. Employees take cues from how leaders treat vendors, from whether an executive will rebuke a lucrative client who crosses the line, and from whether a contractor’s report draws swift action or eye rolls.
The most effective workplaces integrate prevention into everyday operations: onboarding includes the harassment policy for all workers on site; project kickoffs name the reporting contact; managers check in with temps and contractors after early weeks; and facilities teams remove offensive materials the same day they are reported. If you handle small moments right, big problems are less likely to grow.
Final thoughts for both sides of the table
For workers and contractors: you have rights under California workplace sexual harassment laws whether or not you are on the company’s payroll. If you are harassed at work in California, document, report, and seek advice. The law covers verbal sexual harassment, physical harassment, unwanted advances, and hostile environments. If a supervisor conditions work on sexual favors, that is quid pro quo harassment in California. You can pursue relief through the CRD and, if needed, in court. Statutes of limitations are generous compared to the past, but they are not limitless.
For employers: set your expectations high and your processes simple. Make it easy for non-employees to speak up, train your managers to respond without delay, and enforce standards even with customers. The cost of disciplined compliance is far lower than the cost of a preventable sexual harassment lawsuit in California. Above all, treat anyone who works in your space as if they were your own employee. Under FEHA’s design, https://www.employmentlawaid.org/california/sexual-harassment/ for harassment prevention purposes, they are.