Sexual assault by a supervisor: your rights under California law

A sexual assault by supervisor lawsuit in California can hold both the person who assaulted you and the employer who gave them power over you responsible. If this happened to you, we are sorry. It was not your fault, and you do not have to decide anything today. Many people stay quiet because the person who hurt them controls their schedule, pay or job. California law is written with that pressure in mind.

This guide explains, in plain terms, the main legal claims, why an employer is usually responsible for a supervisor's harassment, how workers' compensation fits in, why an arbitration agreement you signed may not stop you from going to court, what confidentiality rules apply to settlements, and the deadlines. It is general information as of October 2026, not legal advice about your situation.

What claims can you bring?

A workplace sexual assault case usually involves more than one claim, against more than one defendant:

• Sexual harassment under FEHA. California's Fair Employment and Housing Act makes harassment because of sex unlawful (Government Code § 12940(j)). Sexual assault is among the most serious forms of harassment. The Civil Rights Department (CRD) states that "a single act of harassment may be sufficiently severe to be unlawful."
• Failure to prevent harassment. Employers must take reasonable steps to prevent harassment (Government Code § 12940(k)).
• Retaliation. If you were demoted, cut back, fired or punished after reporting or resisting, that is a separate claim (Government Code § 12940(h)).
• Sexual battery and assault. Civil claims against the person who assaulted you, including sexual battery under Civil Code § 1708.5.
• Gender violence. Civil Code § 52.4 provides a civil claim for gender-based violence, including a physical intrusion of a sexual nature under coercive conditions.

Is the employer responsible for a supervisor's assault?

Usually, yes. Under FEHA, an employer is generally strictly liable for harassment by a supervisor. That means the employer is responsible even if it did not know, and even if it had a good policy on paper. The California Supreme Court confirmed that rule in 2003. The employer may still argue that you could have reduced your damages by reporting sooner, but that argument does not erase its responsibility.

For harassment by a coworker, a customer or another non-supervisor, the rule is different: the employer is liable if it knew or should have known and failed to take immediate and appropriate corrective action.

Who counts as a supervisor is broad. Under Government Code § 12926(t), it includes anyone with authority to hire, fire, assign, reward or discipline, or to effectively recommend those actions, or to direct other employees' daily work, if that authority requires independent judgment, as California's civil jury instructions explain. A shift lead who sets your schedule may qualify. The supervisor can also be held personally liable for harassment.

Does workers' compensation block a lawsuit?

Workers' compensation is usually the only remedy against an employer for an on-the-job injury. That "exclusivity" rule has limits that matter here:

• FEHA claims generally go forward. California courts have allowed FEHA harassment claims to proceed despite workers' compensation exclusivity, as in a 2017 Court of Appeal decision involving a hotel housekeeper assaulted at work, summarized here.
• The person who assaulted you can be sued. Labor Code § 3601 allows a civil suit against a coworker whose willful and unprovoked physical act of aggression caused the injury.
• Some claims against the employer may be barred. Courts have held that certain negligence claims against the employer, such as negligent supervision or inadequate security, and in some cases assault and battery claims against the employer, fall within workers' compensation. In one 2010 case, the Court of Appeal let FEHA harassment and emotional distress claims proceed while holding the assault, battery and negligent supervision claims against the employer barred, Business Insurance reported.

You may be able to receive workers' compensation benefits for treatment and lost time while pursuing FEHA and civil claims. How the two interact depends on the facts, so get advice before filing either.

Can my employer force me into arbitration?

Often not. The federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, signed March 3, 2022, provides that at the election of the person alleging sexual assault or sexual harassment, no pre-dispute arbitration agreement or class or collective action waiver is valid or enforceable. In plain terms: if you signed an arbitration agreement when you were hired, you can generally choose to bring the case in court instead.

A few details matter:

• The law applies to disputes or claims that arose or accrued on or after March 3, 2022.
• The choice is yours. You may also choose arbitration if you prefer it.
• A court, not an arbitrator, decides whether the law applies, even if the agreement says otherwise.

Can a settlement keep me quiet?

Not about the facts. California limits confidentiality in these cases:

• Code of Civil Procedure § 1001 prohibits settlement provisions that prevent disclosure of factual information about claims of sexual assault, sexual harassment, and workplace harassment, discrimination or retaliation filed in a civil or administrative action. Such provisions are void in agreements entered on or after January 1, 2019, according to the statute.
• SB 331, the Silenced No More Act, effective January 1, 2022, extended those protections from sex-based claims to all forms of workplace harassment and discrimination, and added notice requirements for non-disparagement and separation agreements under Government Code § 12964.5, Perkins Coie explained.
• What can stay confidential: the settlement amount, and, at your request, your identity and facts that would reveal it (unless a government agency or public official is a party).

Deadlines: CRD complaint vs. civil sexual assault claim

Two different clocks may apply, and they run separately:

• FEHA claims (harassment, failure to prevent, retaliation). You must first file with the CRD within three years of the last act of harassment or retaliation, a deadline extended from one year by AB 9, effective January 1, 2020, Orrick noted. In employment cases you can request an immediate right-to-sue notice, and the lawsuit then generally must be filed within one year of that notice; the CRD says the exact deadline appears in the letter closing your complaint.
• Civil sexual assault claims. Code of Civil Procedure § 340.16 generally allows ten years from the last act of sexual assault, or three years from discovering an injury caused by it, whichever is later. Revival laws may help with older claims; see ../sexual-abuse/ab-2777-adult-sexual-assault-deadline.html. AB 250 (2025) also revives certain related claims, including wrongful termination and sexual harassment claims, when they arise from a revived sexual assault claim involving an alleged cover-up, for filing from January 1, 2026 through December 31, 2027.
• Public employers. If you work for a city, county, school district or state agency, a government claim may be required within six months for non-FEHA claims. See ../jail-deaths/six-month-government-claim-deadline.html.

The three-year FEHA clock is the one people most often miss, because they assume the longer sexual assault deadline covers everything.

What to do now

1. Get safe and get care. Your health comes first. Medical and counseling records also document the harm.
2. Write down what happened when you are ready: dates, places, witnesses, and anyone you told.
3. Save evidence on your own devices. Texts, messages, schedules and pay records. Do not copy confidential company files without advice.
4. Consider reporting in writing to HR or a manager above the supervisor, and keep a copy. A lawyer can help you decide how and when.
5. Do not sign a severance, separation or settlement agreement before getting advice.
6. Calendar the three-year CRD deadline from the last act.

How LaCour handles workplace sexual assault cases

Workplace cases are handled together with our employment practice, Employees First Labor Law, which represents California workers in harassment, retaliation and wrongful termination cases. A partner leads each case, we can file as Jane Doe or John Doe (../sexual-abuse/filing-as-jane-doe-sexual-abuse-lawsuit.html), and we have Spanish-speaking lawyers. There is no fee unless there is a recovery. Learn about our ../sexual-abuse.html practice or ask for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.