Were you sexually harassed at work in San Jose?
Unwanted sexual comments, messages, touching, advances, or pressure involving your job may be unlawful. Retaliation after you objected or reported it may be unlawful too.
If your workplace rights were violated, you may be able to pursue compensation for lost pay or emotional harm, and hold your employer accountable.
Not sure whether it was "serious enough"? You can request a review even if you never reported it to HR or are still employed.
What this looks like in real life, and what the law calls it.
Sexual harassment is usually smaller, repeated, and easier to doubt than people expect. The legal test is whether unwelcome conduct tied to sex made your job hostile, it does not have to be physical or loud.
He says the comments are jokes. They're about my body, and they happen every shift.
The law calls it → sexual harassment (hostile work environment)
- My manager hinted my hours depend on how 'friendly' I am after work. The law calls it → quid pro quo sexual harassment
- The comments stopped being about work a long time ago. Now it's my body, my clothes, my dating life. The law calls it → hostile work environment based on sex
- After I turned him down, my good shifts disappeared and my reviews got worse. The law calls it → retaliation, illegal even if the original complaint isn't proven
- They didn't fire me. They just made every day bad enough that I'd quit. The law calls it → constructive discharge
- My startup has no HR, just a founder who tells me not to 'kill the vibe' when I push back on a manager who won't stop. The law calls it → hostile-work-environment harassment, covered at any employer size in California
These cover unwelcome sexual advances or comments, quid pro quo (job tied to sexual conduct), hostile work environment based on sex, pregnancy and gender, sexual orientation and gender identity, retaliation for reporting, in any industry. If something here is familiar, you don't have to be sure before you ask.
Illustrative situations, not client accounts.
If you were harassed at a San Jose or Silicon Valley workplace, California's FEHA protects you at any employer size, even a one-person startup, and state-law remedies are not subject to the federal Title VII cap schedule, plus attorney's fees. You have 3 years to file with the Civil Rights Department. Our attorneys have recovered millions for California workers. Prior results do not guarantee a similar outcome.
What could taking action help you pursue?
Depending on the facts, legal action may help recover financial losses, address emotional harm, restore employment opportunities, or require workplace changes. Available remedies depend on the facts and applicable law; no outcome is guaranteed.
Recover what you lost
Lost pay, benefits, hours, and employment opportunities tied to the unlawful conduct.
Address the harm
Compensation for emotional distress may be available where the law provides for it.
Restore an opportunity
Some cases may involve reinstatement, promotion, corrected records, or another job-related remedy.
Create accountability
A resolution may include policy changes, training, or other corrective workplace action.
You do not need a perfect record, or even to know whether what happened was illegal, before asking what your options are.
Common concerns we hear from employees
I never reported it to HR.
You may still have legal options. Not reporting immediately does not automatically end your rights, although the specific facts can affect a claim.
I don't have screenshots or witnesses.
You do not need a complete evidence file before contacting us. We can help identify texts, emails, schedules, witnesses, and other evidence that may matter.
I still work there.
You can ask questions while still employed. Retaliating against a worker for opposing unlawful conduct or asserting protected rights may itself be unlawful.
It was a customer or client, not a coworker.
In some circumstances, an employer may be responsible for the conduct of supervisors, coworkers, customers, clients, or other third parties.
Craig J. Ackermann
Shareholder · Admitted in California
Craig Ackermann represents California employees in wage-and-hour class actions, sexual and racial harassment, discrimination, and retaliation matters. He is licensed in California, Washington, and Texas.
Read Craig's full bio →Real verdicts and recoveries in harassment and discrimination cases.
$23.5 million
150 women · Sexual harassment (multi-plaintiff)
$1 million
a group of women · Sexual harassment (multi-plaintiff)
$15 million
1 plaintiff · Gender pay & promotion discrimination, jury verdict (punitive damages under federal + Oregon law)
Jury verdict, subject to post-trial proceedings. Not a settlement or a collected recovery.
$1.3 million
19 Black construction workers · Racial harassment (hostile work environment)
Prior results do not guarantee a similar outcome.
What happens after you reach out?
You don't need documents, a lawyer-ready story, or even certainty that what happened was illegal.
- 01
Talk with us
A short initial conversation about what happened and when.
- 02
We assess the record
We identify possible claims, deadlines and evidence that may matter.
- 03
If we take the case
We handle the filing strategy, negotiations and litigation.
Deadlines can depend on where and how you file
California and federal claims may follow different filing routes. These are general time limits, not sequential steps.
Generally, to file an employment-discrimination or harassment complaint with California's Civil Rights Department.
CRD, Employment ↗Often, to file an EEOC charge when the claim is also covered by state or local anti-discrimination law.
EEOC, How to File a Charge ↗Generally, to file a lawsuit after receiving a California CRD right-to-sue notice.
CRD, Obtain a Right to Sue ↗Other claims and exceptions may have different or shorter deadlines. Contact counsel promptly so the applicable dates can be reviewed.
Fair Employment and Housing Act (FEHA)
Cal. Gov. Code § 12940 et seq.
Primary source, Cal. Gov. Code § 12940 et seq. ↗Share what happened in about two minutes. The firm will review your submission and contact you about possible options and next steps. There is no cost or obligation to request a review.
Deadlines and filing issues for workers in San Jose.
- California's 3-year CRD window is one of the longest in the country, but the federal EEOC clock is still only 300 days, so a Title VII route can close while you wait.
- Your CRD right-to-sue notice starts a hard 1-year countdown to file in Santa Clara County Superior Court; that deadline is missed more than any other.
- Harassment is covered at ANY employer size (1+ employee); discrimination claims need 5+, a small startup can be off the hook for one and fully liable for the other.
- For a running pattern of harassment, the clock measures from the most recent incident, but a signed severance or arbitration agreement can quietly waive claims before that clock ever matters.
- Equity that vests over four years is not a reason the deadline pauses; the filing window runs on the conduct, not your vesting schedule.
Where do you file a sexual harassment claim in San Jose?
California Civil Rights Department
Filing is CENTRALIZED statewide: online via California Civil Rights System (CCRS), phone 800-884-1684, 711 relay, TTY 1-800-700-2320, email contact.center@calcivilrights.ca.gov, or mail to HQ. CRD HQ/mailing is 651 Bannon Street, Suite 200, Sacramento, CA 95811.
File online →EEOC San Jose Local Office
96 North Third Street, Suite 250San Jose, CA 95112
(800) 669-4000 EEOC Public Portal →
Superior Court of California, County of Santa Clara
Downtown Superior Court (DTS)191 North First Street
San Jose, CA 95113
The filing path, step by step
- 1Write down what happened while it's fresh, dates, who was present, and any texts, Slack messages, or emails. Screenshots of workplace chat tools disappear when accounts get deactivated.
- 2File with the California Civil Rights Department within 3 years, online through the CCRS portal or by phone at 800-884-1684. Filing is centralized statewide, so no office visit is required.
- 3Or file with the EEOC within 300 days, San Jose has a Local Office at 96 North Third Street, Suite 250, or you can use the online Public Portal.
- 4Ask the CRD for a right-to-sue notice when you're ready to litigate; from that date you have exactly 1 year to file suit.
- 5State-law claims are heard at the Downtown Superior Court, 191 North First Street in San Jose; federal Title VII claims go to the Northern District of California, San Jose Division.
Sexual-harassment information in other California cities
- FresnoWorkplace sexual-harassment information
- Long BeachWorkplace sexual-harassment information
- Los AngelesWorkplace sexual-harassment information
- Orange CountyWorkplace sexual-harassment information
- RiversideWorkplace sexual-harassment information
- SacramentoWorkplace sexual-harassment information
Asked by San Jose workers.
My San Jose startup has no HR department, who do I even report harassment to?
You are not required to make an internal report before going to the state. You can file directly with the California Civil Rights Department online through CCRS, and FEHA covers harassment at employers with as few as one employee. That said, a short written complaint, even an email to a founder, helps build the record.
I'm on a work visa at a Silicon Valley employer. Can I be harassed out or retaliated against for complaining?
Retaliation for opposing harassment is independently illegal under FEHA, and your immigration status does not remove that protection. California law reaches threats tied to sponsorship or status. A consultation is private, and a lawyer can explain your options before anything becomes public.
I work a night shift on a semiconductor line and a lead corners me when the floor is empty. What are my rights?
That is harassment your employer has to address. Isolated, thinly-staffed shift work is a recognized EEOC risk factor, and FEHA reaches conduct by supervisors, coworkers, and third parties alike. Report it in writing, keep a copy, and know that shift or temp status does not put you outside FEHA.
A hotel guest, not a coworker, harassed me at my San Jose job. Is my employer still responsible?
Potentially yes. FEHA makes employers liable for harassment by non-employees such as guests, clients, and vendors when the employer knew or should have known and failed to take immediate, appropriate corrective action. Putting your report in writing is what triggers that duty.
How much is a California harassment case worth compared with other states?
California places NO caps on compensatory or punitive damages under FEHA, unlike federal law, which caps recovery at $300,000 even against the largest companies. FEHA also shifts attorney's fees to prevailing workers, so a Silicon Valley recovery can far exceed what the same facts would yield under capped federal law.
How long do I actually have to file a harassment claim in San Jose?
Three years to file with the CRD, then 1 year after your right-to-sue notice to file in court. The federal EEOC window is far shorter at 300 days. The safest move is to talk with a lawyer early so the right claims land on the right clocks.