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We Treat You Like a Partner Through a Difficult Process
Coming forward after a workplace sexual assault or harassment is not a single decision. It is a sequence of decisions – what to share, when to share it, who to share it with, and whether to pursue a civil claim at all. Each one belongs to you.
At Daily Aljian, we see you as a partner. That means your case moves on terms you are comfortable with. We explain what California law requires and what it permits, and we walk through what each option may involve before any filing is made. Nothing is set in motion without your decision.
Discretion is part of the work, not an add-on. Our intake conversations are confidential. Sensitive facts are handled with care, both inside and outside the firm. If you tell us during the initial call that you are not ready to proceed, that answer is respected. The next call is yours to make, whenever you are ready.
Workplace Sexual Assault and Harassment Matters We Handle
Workplace sexual misconduct does not fit a single legal category. California treats it under overlapping statutes – the Fair Employment and Housing Act, the Civil Code, and the Code of Civil Procedure – and the available civil claims depend on what happened and who was involved. Our representation covers the matters most often raised by survivors of workplace conduct.
Hostile Work Environment Sexual Harassment Under FEHA
California law holds employers liable for sexual harassment that is severe or pervasive enough to change your working conditions. A single severe incident can be enough: you do not need to suffer a job loss for it to be actionable. We evaluate whether the overall pattern, the severity of any single incident, and how the employer responded support a hostile work environment claim.
Quid Pro Quo Sexual Harassment
Quid pro quo harassment occurs when a workplace benefit — a promotion, shift assignment, or raise — or a threat of discipline is tied to a sexual demand. The person making the demand does not always need to be the employee’s direct supervisor for the employer to be liable. California courts read authority over employment terms broadly. This is actionable as sexual harassment.
Workplace Sexual Assault and Battery
Sexual assault and battery are separate civil claims from sexual harassment, with different remedies and time limits to file. California recognizes that workplace sexual assault can be committed by a supervisor, coworker, customer, or client, and the employer may face separate liability depending on the facts. Adult civil claims for sexual assault have an extended filing deadline.
Employer Negligent Hiring, Retention, and Supervision
Even if the employer did not commit the assault or harassment, it may be liable for negligence if it knew or should have known about warning signs and failed to act. Prior complaints, prior conduct, gaps in supervision, and failure to investigate support these claims. Where conduct involves malice, oppression, or fraud, punitive damages may be available.
Failure to Prevent Harassment Under FEHA
California requires employers to take all reasonable steps to prevent harassment from occurring in the first place. Employers above a certain size must provide mandatory sexual harassment prevention training. Failure to train, failure to act on complaints, or failure to enforce a written policy can be a separate violation distinct from the underlying harassment itself.
Retaliation for Reporting Harassment or Assault
Reporting harassment internally, filing a complaint with the California Civil Rights Department, or participating in an investigation is protected. An employer cannot discipline, demote, transfer, or fire you for reporting. Retaliation following a report creates a separate civil claim. Federal law provides a parallel route for retaliation tied to sexual harassment at larger employers.
Confidentiality and Settlement Restrictions Under the STAND Act
California law limits non-disclosure provisions in settlements involving sexual harassment, assault, sex discrimination, or retaliation. It also limits contract provisions that would prevent you from testifying in court, an administrative proceeding, or a legislative hearing about criminal conduct or sexual harassment. These laws protect your right to speak up during and after settlement. Any claim today is governed by current filing deadlines.
Your Rights as a Survivor Under California Law
California recognizes a set of survivor protections that operate together – extended civil deadlines, the right to a workplace free of harassment, protection from retaliation, and limits on settlement secrecy. Understanding which rights apply to your situation is the first step in deciding whether to file.
You have the right to a workplace free of sexual harassment and assault under FEHA. You have the right to report harassment without being punished for doing so. You have the right to consult with a California workplace sexual assault attorney confidentially, and to take that conversation no further if you choose. You have the right to file an administrative charge with the California Civil Rights Department, to obtain a right-to-sue notice, and to proceed in California Superior Court. For employers with 15 or more employees, Title VII provides a parallel federal route through the Equal Employment Opportunity Commission.
The Extended 10-Year Civil Statute of Limitations (§ 340.16)
For adult civil claims arising from sexual assault, Cal. Code Civ. Proc. § 340.16 sets a longer filing window than the general personal-injury statute. The deadline is the later of 10 years from the act of sexual assault or 3 years from the date the survivor discovered, or reasonably should have discovered, the injury or illness caused by the assault. The extended window recognizes that the decision to come forward may take time and that the harms of assault may surface long after the conduct. Cal. Code Civ. Proc. § 340.1 separately governs civil claims arising from childhood sexual assault and is not addressed on this page. Statute-of-limitations questions are fact-specific. An initial consultation can help clarify what may still be available under California law.
What Pursuing a Workplace Sexual Assault Claim May Involve
The path from a confidential intake to a resolution is not the same in every case, and you decide whether to move from one phase to the next. The general shape of a survivor-led civil case under California law looks like this.
A confidential initial consultation comes first. We listen, we ask the questions we need to ask to understand the conduct and the timeline, and we explain what California statutes may apply. If you choose to retain the firm, evidence preservation begins – written records, communications, witness identities, and documents in your control are protected before anything is filed. The decision about whether to file an administrative charge with the California Civil Rights Department, to file directly in California Superior Court where § 340.16 permits, or to proceed under federal law through the EEOC is made together based on the facts.
If a case is filed, discovery follows. Discovery may include written questions, document requests, and depositions. We prepare you for each step, and you decide what is shared and how. Settlement discussions may occur at any phase. Whether to accept a settlement, and on what terms, is your decision. If a case does not resolve, Daily Aljian is prepared to take it to trial in California Superior Court or the appropriate federal district court.
How Daily Aljian LLP Approaches Workplace Sexual Assault Cases
Survivor-side workplace sexual assault and harassment claims are handled on a contingency basis. There are no attorney fees unless we recover for you. Costs of litigation are explained at intake.
Every stage of this work is handled with discretion — not as a courtesy, but as a professional obligation. Your name, your facts, and your decisions remain yours. We tell you what California law permits and what it does not, and we flag where the law itself is unsettled. We do not promise an outcome.
Daily Aljian is a California civil-litigation firm based in Newport Beach, with a practice that spans Orange County and reaches statewide. Our California employment law team also represents workers in retaliation for workplace complaints and workplace discrimination claims. For survivors whose claims arise outside the employment context, the firm’s sexual assault civil litigation practice is the appropriate point of contact.
Survivors We Represent Across California
The firm’s office is in Newport Beach, and our workplace sexual assault practice serves survivors across Southern California and the state. Cases are litigated in California Superior Court – including the Orange County Superior Court at the Central Justice Center in Santa Ana – and in the federal district courts within California where federal jurisdiction is appropriate. Areas regularly served include:
- Orange County – Newport Beach, Irvine, Costa Mesa, Santa Ana, Anaheim, Huntington Beach, Tustin, Laguna Beach, Mission Viejo
- Los Angeles County – Los Angeles, Long Beach, Pasadena, Glendale, Burbank, Santa Monica, Beverly Hills
- San Diego County – San Diego, Chula Vista, Oceanside, Carlsbad
- Riverside County and San Bernardino County – Riverside, San Bernardino, Ontario, Rancho Cucamonga
- Ventura County – Ventura, Oxnard
- Northern California – Sacramento, San Francisco, and Monterey County in select matters
Frequently Asked Questions About Workplace Sexual Assault Cases in California
How long do I have to file a workplace sexual assault civil claim in California?
For adult civil claims arising from sexual assault, Cal. Code Civ. Proc. § 340.16 sets the deadline at the later of 10 years from the assault or 3 years from the date you discovered, or reasonably should have discovered, the injury caused by the assault. Sexual harassment claims under FEHA follow different deadlines – a window to file an administrative complaint with the California Civil Rights Department, and a separate deadline to file suit in California Superior Court once a right-to-sue notice issues. The applicable deadlines depend on the specific claim and when the conduct occurred, so an early consultation may help you understand what is still available.
Is my initial consultation really confidential?
Yes. Initial consultations with Daily Aljian are confidential, and what you share during the intake is protected. We do not disclose case facts outside the firm. The decision about whether to proceed remains with you after the call. If you choose not to retain counsel after the consultation, the conversation ends there.
Can my employer require me to sign an NDA if I settle?
California has narrowed what an employer can put inside a settlement NDA. Under Cal. Code Civ. Proc. § 1001 – the STAND Act – non-disclosure provisions in settlement agreements involving claims of sexual harassment, sexual assault, sex discrimination, or related retaliation are unenforceable as to the underlying factual information. Cal. Civ. Code § 1670.11 separately limits contract terms that would waive your right to testify. The combined effect is that you may settle and still retain your voice as to what happened, subject to the precise statutory limits.
What is the difference between sexual harassment and workplace sexual assault?
Sexual harassment under FEHA includes a range of unwelcome verbal or physical conduct of a sexual nature that is severe or pervasive, or that ties a workplace benefit to a sexual demand. Sexual assault is a separate, more specific civil claim – assault and battery rooted in non-consensual sexual contact – and carries the extended civil filing window under § 340.16. A single incident may give rise to both kinds of claim, and overlap is common. The categorization is part of what we evaluate at intake.
Can I be fired or retaliated against for reporting harassment or assault?
Reporting sexual harassment or assault – internally, to the California Civil Rights Department, or to the EEOC – is protected activity. An employer may not lawfully retaliate by discipline, demotion, transfer, or termination because of a report. If retaliation occurs, it gives rise to a separate civil claim under FEHA. Retaliation claims are evaluated alongside any underlying harassment or assault claim.
Can I sue my employer or only the person who assaulted me?
Both may be possible depending on the facts. The individual perpetrator may bear direct civil liability for assault and battery. The employer may bear liability under FEHA for harassment, under FEHA § 12940(k) for failure to prevent, and under common-law theories of negligent hiring, retention, or supervision. Where punitive damages are warranted under Cal. Civ. Code § 3294, they may be sought against the employer as well as the individual.
What kinds of damages may be available?
Available damages depend on the claims and the facts. Survivors may be entitled to recover economic damages such as lost wages and the cost of medical or mental health treatment; non-economic damages for pain, suffering, and emotional distress; and, where the conduct meets the standard of malice, oppression, or fraud under Cal. Civ. Code § 3294, punitive damages. Attorneys’ fees may be recoverable on certain FEHA claims. The available remedies and any likely range are discussed candidly at the consultation.
Contact Our California Workplace Sexual Assault Attorneys Today
Coming forward is your decision, on your timeline. When you are ready to talk through your options with a California workplace sexual assault attorney, Daily Aljian LLP is here. The initial consultation is confidential, there is no obligation to retain the firm, and there are no attorney fees unless we recover for you. To schedule a confidential consultation, call us at 949-861-2524 or use our online contact form. We will listen.