Your Rights After Workplace Sexual Harassment What You Can & Can’t Do

Being sexually harassed at work is not just uncomfortable — it is illegal. Whether it happened once or has been going on for months, you have rights, and the law is on your side. This guide walks you through exactly what qualifies as harassment, what you can do about it, and what you may be owed.

Two Types of Workplace Sexual Harassment

There are two main kinds of workplace sexual harassment. Quid pro quo sexual harassment happens when someone in a position of power offers job benefits in exchange for sexual favors or conduct of a sexual nature — for example, a supervisor telling an employee that going out with them will lead to a promotion. Hostile work environment harassment is the other type.

Hostile work environment harassment occurs when sexual conduct is objectively and subjectively offensive and interferes with an employee’s ability to perform their job by creating a workplace that is intimidating, hostile, humiliating, or sexually offensive.

Both types are illegal under federal law, and in many states, you can pursue claims under both simultaneously.

The Federal Laws That Protect You

Workplace sexual harassment is considered a form of sex discrimination and is illegal throughout the United States. Title VII of the Civil Rights Act of 1964 makes it illegal for employers to allow anyone to be sexually harassed at work by anyone else, regardless of the employee’s sex, gender, or sexual orientation. The law makes it illegal for employers to permit sexual harassment to occur or to fail to stop it once the company knows it is happening.

Title VII’s ban on workplace sex discrimination also includes conduct targeting gender identity, sexual orientation, and pregnancy, meaning workplace harassment based on any of these characteristics is also prohibited.

A significant development came in 2022. The passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 made it easier for victims to come forward and pursue legal claims in court rather than being forced into private arbitration.

For those who have also faced punishment for reporting harassment, our article on workplace retaliation lawyers covers your additional protections in detail.

Your Employer’s Legal Responsibility

Many employees believe they have to tolerate harassment from customers or contractors. That is not true.

The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, or demotion.

Employers can defend themselves in some hostile environment cases by proving they exercised reasonable care to prevent harassment and that you unreasonably failed to use available complaint procedures — this is known as the Faragher-Ellerth defense. However, this defense does not apply when a tangible employment action such as firing or demotion resulted from the harassment, or when retaliation occurred.

The EEOC’s guidance also establishes that employers must take reasonable steps to stop third-party harassment — from customers, clients, or vendors — once they know about it. If your employer refuses to address known third-party harassment, they can become liable for maintaining a hostile work environment.

How to Document and Report It

Documentation is everything. The stronger your records, the stronger your case.

Put your complaint in writing even if you initially report it verbally. This creates a clear record of what you reported and when. Request confirmation that your complaint was received and ask about investigation timelines.

Keep records of what happened, when it happened, who was involved, and who witnessed it. Save emails, texts, photos, and messages — these documents become powerful tools when it is time to prove your side.

Note if other employees have experienced similar harassment from the same person. Pattern evidence showing the harasser targets multiple people significantly strengthens your individual claim.

After reporting internally, if a supervisor in HR knows about the harassment or should know you are being sexually harassed, the company must take prompt action to investigate the complaint, make sure it does not happen again, and take appropriate corrective action — without harming you or allowing you to become a target of retaliatory backlash.

Related article: How to Document Workplace Harassment? What To Record & Store and Mistakes to Avoid

Filing with the EEOC — Deadlines You Cannot Miss

In general, you need to file a charge with the EEOC within 180 calendar days from the day the discrimination took place. The 180-day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. In harassment cases, you must file your charge within 180 or 300 days of the last incident of harassment, though the EEOC will look at all prior incidents during its investigation.

Once you receive an EEOC Notice of Right to Sue, you then have 90 days to file a harassment lawsuit in court.

State deadlines can be more generous. In New York, as of February 2024, all discrimination and harassment claims now have a three-year statute of limitations under state law. In California, the statute of limitations for filing a workplace sexual harassment complaint is generally three years from the date of the harassment.

The bottom line: do not wait. The earlier you act, the more evidence is available and the more legal options you have.

Retaliation After Reporting Is Also Illegal

Under federal law, it is illegal for someone at work to retaliate against you for reporting or speaking out against sexual harassment, or for participating in an investigation related to it. Examples of retaliation include demotion, schedule changes, exclusion from meetings, and termination.

If someone at work retaliated against you for reporting harassment, you can file a separate lawsuit for that as well. This significantly strengthens your overall legal position — and gives your attorney additional claims to pursue.

How Much Compensation Can You Receive?

Settlement amounts vary widely based on evidence, severity, and the size of your employer.

Most sexual harassment settlements fall between $30,000 and $200,000, though amounts can vary based on evidence, employer liability, and legal strategy.

In 2024, the average settlement amount in California was $56,200, with most settlements ranging from $10,000 to over $1,000,000.

Compensation available to victims includes back pay for lost wages and benefits, front pay for future earning losses when reinstatement is not feasible, and emotional distress damages, which can be substantial in severe cases. The Civil Rights Act of 1991 caps compensatory and punitive damages based on employer size, ranging from $50,000 for small employers to $300,000 for large companies under federal law. State law in many cases allows for additional recovery beyond these federal caps.

If a case goes to court rather than settling, the average award in California is approximately $217,000 — significantly higher than the average settlement.

For a broader look at how employment damages are calculated, see our guide on employment discrimination lawyers.

When to Speak to a Lawyer

You should contact an employment attorney as soon as possible — even before you file internally, if you can. Getting legal guidance early helps protect your timeline and your case. An attorney can help you map out your options and avoid critical missteps before deadlines pass.

While it is possible to pursue a sexual harassment claim without an attorney, it is generally not recommended. Without legal expertise, you may not be aware of all your rights and options, and you may not know how to effectively negotiate with your employer or their attorneys.

Most sexual harassment lawyers work on a contingency fee basis, meaning you pay nothing unless you win your case.

Frequently Asked Questions

Q: Does sexual harassment have to be physical to be illegal? 

 No. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and offensive comments about a person’s sex. Verbal and written harassment are fully covered under the law.

Q: Can a man be sexually harassed by another man? 

 Yes. Sexual harassment is not limited to circumstances in which a woman is harassed by a man — it is about power, not sexual desire, and can happen to anyone regardless of gender.

Q: What if HR did nothing after I reported it? 

 If you complained to HR or a manager about the sexual harassment and they failed to correct the situation or made it worse, you could pursue legal action for both the sex discrimination and any subsequent retaliation.

Q: Can my employer fire me for reporting sexual harassment? 

 Absolutely not. Retaliation for reporting harassment is illegal under federal law. If you are fired after reporting, you may have both a harassment claim and a separate retaliation claim.

Q: What if the harasser is a customer or client, not an employee? 

 Your employer still has legal obligations to protect you. Once they know about third-party harassment and fail to act, they can become liable for maintaining a hostile work environment.

Q: How long does an EEOC investigation take? 

 According to the EEOC, the average investigation takes around 10 months to complete. An attorney can help you navigate the process and pursue additional options if the investigation is delayed.

Q: Can I keep my settlement private? 

Confidentiality clauses, such as NDAs, are common in settlement agreements but are often negotiable. You can sometimes trade a higher settlement for confidentiality, or accept slightly less to retain your right to speak publicly.

Sources:

• U.S. Equal Employment Opportunity Commission (EEOC) — eeoc.gov
• USAGov — usa.gov
• FindLaw — findlaw.com (reviewed May 2025)
• Massachusetts Commission Against Discrimination — mass.gov

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws differ by state, employer size, and individual circumstances. Always consult a licensed employment attorney for guidance specific to your situation.