In California, same-sex harassment is just as serious a civil offense as sexual harassment between people of different genders. State law makes it clear that the sexual orientation of people involved in workplace misconduct does not mitigate the severity of the offense. Whether the harassment is verbal, physical, or visual, California employees have the right to report same-sex harassment and seek legal protection and compensation.
Understanding Same-Sex Sexual Harassment Statistics in the Workplace
Same-sex harassment remains a serious problem in California and across the country. A Williams Institute study found that 22% of LGBTQ employees report sexual harassment at work. In California alone, the Civil Rights Department received 1,351 complaints involving sex or gender-based misconduct in 2022, highlighting the ongoing need for strong workplace protections and enforcement across all industries.
In May 2025, the U.S. Equal Employment Opportunity Commission took enforcement action against Franchise Management, LLC, operator of over 20 Subway restaurants in Utah, alleging the company failed to stop a male manager from sexually harassing and assaulting a 16-year-old male employee. The case involved repeated sexual comments, explicit photos, and two assaults during a single shift that violated legal protections under Title VII.
Legal Protections Under California Law
California’s Fair Employment and Housing Act (FEHA) clearly prohibits sexual harassment in the workplace, regardless of the gender of the parties involved. This means that same-sex sexual harassment is treated no differently than harassment between individuals of opposite sexes.
Whether the harassment is verbal, physical, or visual, it is unlawful if it creates a hostile or intimidating work environment. The harasser’s sexual orientation is irrelevant; what matters is the conduct and its effect. Workers in California are entitled to a safe work environment, and employers have a legal obligation to take all complaints of harassment seriously.
Recognizing Examples of Same-Sex Harassment
Same-sex sexual harassment can take many forms, including unwanted touching, crude jokes, inappropriate comments, or repeated romantic advances. It may involve behavior that is sexual in nature or intended to humiliate based on gender or sexual orientation.
For example, an employee repeatedly making lewd remarks to a same-sex coworker or mocking them with sexual innuendos may be crossing a legal line. Even if the harasser claims to be joking, if the behavior is unwanted and creates a hostile workplace, it may qualify as harassment.
Steps to Take if You Experience Harassment
If you are experiencing same-sex sexual harassment at work, take immediate steps to protect yourself. Start by documenting every incident with dates, times, and details. Report the behavior to your supervisor, human resources, or through any official complaint channel your employer provides.
California law prohibits retaliation against workers who report harassment, so don’t let fear silence you. If the employer fails to act, you can file a complaint with the California Civil Rights Department. You may also want to speak with an employment attorney to better understand your rights.
Employer Responsibilities and Preventive Measures
Employers in California have a legal duty to prevent and address workplace harassment, including same-sex sexual harassment. They must provide anti-harassment training to all supervisors and employees, maintain a clear reporting policy, and take prompt action on any complaint.
A failure to investigate or respond appropriately can expose the employer to liability. Preventative measures also include fostering a workplace culture that values respect and accountability.
FAQs
Q: What Is Same-Sex Sexual Harassment in California Workplaces?
A: Same-sex sexual harassment in California occurs when someone is harassed at work by a person of the same gender. The behavior must be unwelcome and either severe or repeated. It can include comments, gestures, touching, or pressure for sexual interaction. California law does not require opposite-sex involvement for a claim. Harassment is judged by conduct, not the sexual orientation of those involved.
Q: What Evidence Helps Prove Same-Sex Sexual Harassment in the Workplace?
A: Useful evidence includes text messages, emails, witness accounts, and written complaints that document the behavior. Notes about the time, location, and details of each incident are also helpful. If the harassment affected your job or created fear, that matters too. The more specific your documentation, the stronger your case. Evidence makes it harder for employers to deny what happened or skirt responsibility.
Q: How Should Employers Respond to Same-Sex Sexual Harassment Complaints?
A: Employers must take same-sex harassment complaints seriously under California law. They are required to investigate, prevent retaliation, and take corrective action if harassment occurs. Ignoring or minimizing a complaint can lead to legal exposure. All employees deserve equal protection. A prompt, thorough response shows that the employer values safety and is committed to stopping illegal behavior before it escalates further.
Q: Is Sexual Orientation a Protected Class in California?
A: Yes, sexual orientation is a protected class under California’s Fair Employment and Housing Act. That includes being gay, lesbian, bisexual, heterosexual, or any other orientation. Discrimination or harassment based on real or perceived orientation is illegal. Workers in every industry have the right to fair treatment, regardless of who they are or who they love. Employers must uphold that standard without exception.
Q: Can a Minor File a Same-Sex Sexual Harassment Claim in California?
A: Yes, minors have the same legal right to protection from workplace harassment as adults in California. If a teen experiences same-sex sexual harassment on the job, a parent or legal guardian can file a complaint on their behalf with the California Civil Rights Department or the EEOC. Employers who hire minors must take extra care to maintain a safe environment. Failure to investigate or stop the behavior can lead to serious legal consequences for business owners.
Contact Diefer Law Group, P.C., Today for the Legal Support You Deserve
Sexual harassment in California workplaces isn’t limited to cases based on gender or sexual orientation. Under the Fair Employment and Housing Act (FEHA), harassment based on sex, including same-sex harassment, is unlawful, even if the harasser and victim share the same gender. This includes unwelcome conduct such as sexual advances, jokes, or comments that create a hostile work environment.
At Diefer Law Group, P.C., we represent employees facing sexual harassment, regardless of the harasser’s gender. Our attorneys provide focused, compassionate guidance and will walk you through every legal option available. Contact our office today to schedule your consultation and protect your rights at work.
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