You reported sexual harassment at work. You followed the rules, told HR, and expected the company to do the right thing. Instead, they fired you. Now you’re left wondering—was that even legal?
The short answer: no. Under California’s Fair Employment and Housing Act (FEHA), it is unlawful for an employer to terminate, demote, or otherwise punish an employee for reporting sexual harassment. This is true even if the underlying harassment complaint is ultimately not substantiated—as long as the report was made in good faith. If your employer fired you after you reported sexual harassment, you may have both a retaliation claim and a wrongful termination claim under California law.
California Law Prohibits Retaliation for Reporting Sexual Harassment
Government Code section 12940(h) makes it unlawful for any employer to discharge, expel, or otherwise discriminate against a person because they opposed practices forbidden under FEHA or because they filed a complaint, testified, or assisted in any FEHA proceeding.
This protection is broad. Under California case law, an employee does not need to use specific legal terms when opposing harassment. You do not need to file a formal charge for your actions to qualify as protected activity. Even an informal verbal complaint to a supervisor or HR representative can constitute protected activity under FEHA, as long as it is sufficient to put the employer on notice about the conduct.
A few key points about FEHA’s anti-retaliation protections:
- Good faith belief is enough. You are protected from retaliation if you reasonably and in good faith believed that the conduct you opposed was unlawful sexual harassment—even if a court later determines it did not technically violate the law.
- The protection extends beyond employees. Job applicants, former employees, unpaid interns, and witnesses who participate in harassment investigations are all protected from retaliation under FEHA.
- Retaliation does not have to be immediate. Employers sometimes wait weeks or months before taking action against the reporting employee, hoping the delay will obscure the connection. Courts look at the totality of the circumstances, including the timing between the complaint and the adverse action.
What Counts as Retaliation?
Retaliation is not limited to termination. Under FEHA, any adverse employment action taken because an employee engaged in protected activity can constitute unlawful retaliation. Examples include:
- Termination or constructive termination (forcing you to quit)
- Demotion or reduction in pay
- Transfer to a less desirable position or shift
- Exclusion from meetings, projects, or advancement opportunities
- Increased scrutiny, write-ups, or disciplinary action without legitimate cause
- Negative performance reviews that do not reflect your actual work
California courts interpret “adverse employment action” more broadly than federal courts do. Under FEHA, even actions that fall short of termination or demotion may be considered retaliatory if they would discourage a reasonable employee from reporting harassment.
How to Prove Your Employer Retaliated Against You
To establish a retaliation claim under FEHA, you generally need to demonstrate three things:
- You engaged in a protected activity — such as reporting sexual harassment, filing a complaint with the California Civil Rights Department (CRD), or participating in an investigation.
- Your employer took an adverse employment action against you — such as firing, demoting, or disciplining you.
- There is a causal connection between your protected activity and the adverse action.
Direct evidence of retaliation—like a supervisor saying “you’re fired for complaining”—is rare. More commonly, retaliation is proven through circumstantial evidence. One of the strongest indicators is timing: if you were fired shortly after reporting sexual harassment, that proximity can support an inference of retaliation. Other circumstantial evidence can include sudden negative performance reviews, pretextual reasons for termination, or disparate treatment compared to employees who did not complain.
The Difference Between a Retaliation Claim and a Harassment Claim
It is important to understand that retaliation and sexual harassment are separate legal claims. Sexual harassment under FEHA is a form of sex discrimination—it involves unwelcome conduct of a sexual nature that is severe or pervasive enough to alter the conditions of employment. For a detailed breakdown of the legal standards, see our post on quid pro quo harassment vs. hostile work environment harassment.
A retaliation claim, by contrast, focuses on what your employer did after you reported the harassment. You can have a valid retaliation claim even if your underlying harassment complaint does not result in a finding that harassment occurred. The question is whether your employer punished you for speaking up.
In many cases, employees bring both claims together. If you were sexually harassed and then fired for reporting it, you may have grounds for a sexual harassment claim, a retaliation claim, and a wrongful termination claim.
Steps to Take If You Were Fired After Reporting Sexual Harassment
If your employer terminated you after you reported sexual harassment, there are several actions you should take to protect your legal rights.
Preserve all evidence. Save copies of your harassment complaints, emails, text messages, HR correspondence, performance reviews, and any other documents related to your employment and the termination. Do this before you lose access to work systems.
Document the timeline. Write down the dates of each relevant event—when the harassment occurred, when you reported it, and when you were terminated. Note the names of anyone involved or who witnessed the events. Contemporaneous notes carry significant weight.
File a complaint with the CRD. Before you can file a lawsuit for retaliation or sexual harassment under FEHA, you must first file an administrative complaint with the California Civil Rights Department. You have three years from the date of the retaliatory action to file. When you file, you can request an immediate “right to sue” notice, which allows you to proceed directly to court.
You can also file with the EEOC. If you file with the CRD and your complaint alleges facts that would also violate federal law, it is automatically cross-filed with the Equal Employment Opportunity Commission (EEOC).
Consult an employment attorney. Retaliation and wrongful termination cases are fact-intensive and involve strict deadlines. An experienced attorney can evaluate the strength of your claims, help you preserve evidence, and guide you through the administrative and legal process.
Remedies Available in a Retaliation and Wrongful Termination Case
If you prevail on a retaliation or wrongful termination claim under FEHA, you may be entitled to the following remedies:
- Reinstatement to your former position
- Back pay and lost benefits
- Compensation for emotional distress
- Punitive damages (if the employer acted with malice, oppression, or fraud)
- Attorney’s fees and costs
The availability and amount of these remedies depend on the specific facts of your case.
Employers Cannot Use Pretextual Reasons to Cover Up Retaliation
A common employer tactic is to claim that the termination was based on legitimate business reasons—poor performance, policy violations, or restructuring—rather than the harassment complaint. These are known as pretextual reasons.
California courts are experienced at evaluating pretext. If your performance reviews were positive before you complained and suddenly became negative afterward, or if the stated reason for your termination was a minor infraction that other employees committed without consequence, that evidence can demonstrate that the employer’s stated reason is not the real reason. For examples of how wrongful termination plays out in practice, see our post on wrongful termination examples.
Contact Malk Law Firm
Being fired for reporting sexual harassment is a serious violation of your rights under California law. At Malk Law Firm, we represent employees throughout California who have been retaliated against for standing up to sexual harassment in the workplace.
If you were terminated after making a harassment complaint, contact us today for a confidential consultation. We can evaluate your situation, explain your legal options, and fight to hold your employer accountable.
