California’s sexual harassment laws apply with full force in unionized workplaces, but the path to justice can look different when a collective bargaining agreement sits between an employee and management. The grievance and arbitration machinery that protects wages, scheduling, and discipline does not erase statutory rights. It does, however, change the tactically smartest way to report misconduct, preserve claims, and negotiate remedies. I have seen cases thrive because a worker used both systems in tandem, and others falter because deadlines were missed while a grievance wound through steps and hearings. The difference is rarely about whether the conduct qualifies as harassment. It is about timing, documentation, and choosing the right forum at the right moment.
What counts as sexual harassment under California law
California workplace sexual harassment laws are broader and more protective than federal law. Under the California Fair Employment and Housing Act, often shortened to FEHA, harassment is unlawful when it is based on sex, gender, gender identity or expression, sexual orientation, pregnancy, childbirth, medical conditions related to pregnancy, or per the statute’s inclusive language, when it arises from sex‑based stereotypes or hostility. California’s definition captures both quid pro quo harassment and hostile work environment harassment. Quid pro quo harassment in California occurs when a supervisor ties job benefits to submission to sexual advances, or penalizes an employee for refusing. Hostile work environment in California covers unwelcome conduct, verbal or physical, that a reasonable person would find offensive or intimidating, and that actually interferes with work or creates an abusive environment.
A few points that surprise people:
- A single severe incident can be enough. California courts have recognized that one incident of sexual assault or similarly egregious conduct can establish a hostile work environment, without the need to show pervasiveness. Harassers can be supervisors, coworkers, or third parties such as vendors, delivery drivers, and customers. Employer liability for sexual harassment in California extends to third party harassment if the employer knew or should have known and failed to take prompt remedial action. Verbal sexual harassment in California counts. Repeated sexual comments, slurs, lewd jokes, and unwanted commentary about appearance or body parts can support a claim even with no physical contact. Physical sexual harassment includes unwanted touching, groping, blocking someone’s path, or any coerced physical contact. Unwanted advances at work in California do not need to include explicit threats to be unlawful.
California does not require that the victim suffer a tangible job loss for the conduct to be actionable. Psychological harm, humiliation, or interference with work performance can suffice, and juries have wide latitude to assess sexual harassment damages in California.
The union layer: what the collective bargaining agreement changes, and what it does not
Collective bargaining agreements often contain a harassment policy, a no‑discrimination clause, and a detailed grievance procedure with specific steps, deadlines, and an arbitration pathway. Some agreements add mandatory arbitration clauses for discrimination and harassment claims. Others reserve statutory claims to court unless both sides consent to arbitration. Read the agreement, do not guess.
What the contract cannot do is waive your nonwaivable rights under FEHA. California sexual harassment laws are statutory. A union and employer can agree on procedures for discipline or for investigating complaints, but they cannot require employees to forego FEHA remedies or shorten the California sexual harassment statute of limitations under Government Code section 12960. Employers also cannot use a collective bargaining agreement to avoid California sexual harassment training requirements. If the employer meets the threshold of five or more employees, it must provide compliant training under laws descended from AB 1825 and SB 1343.
In union settings, there are practical benefits to using the grievance process in parallel with statutory avenues. Unions can secure interim relief such as shift changes, separation from the harasser, or paid leave more quickly than a government agency. A credible shop steward can accompany you in meetings and help ensure the employer follows its own sexual harassment investigation protocols. On the other hand, grievance arbitration is not a substitute for filing with the California Civil Rights Department, formerly known as DFEH, or the EEOC. If you only grieve and miss statutory filing deadlines, you risk losing your FEHA sexual harassment claim.
Dual tracks: internal reporting, union grievance, and statutory complaints
Most collective bargaining agreements require employees to use internal reporting channels for workplace misconduct. California law encourages prompt internal reporting because it gives the employer a chance to correct the problem, and it can affect employer liability in coworker harassment cases. In supervisor sexual harassment scenarios, California law often imposes strict liability on the employer for the supervisor’s actions, but internal reporting still matters for stopping ongoing harm and building a record.
A practical sequence I tend to recommend in California, adjusted for safety and urgency:
- Report the harassment to the employer using the procedure in the written policy, ideally by email or the hotline the policy designates, and keep a copy. If you fear retaliation or escalation, route the complaint through your union representative who can submit it formally and ask for immediate measures. Initiate a union grievance if the conduct violates the no‑harassment clause of the contract. This activates timelines that management must follow and keeps the union obligated to represent you through steps and, if necessary, arbitration. File with the California Civil Rights Department to preserve your FEHA claim. Under current rules, a complaint must be filed with CRD within three years of the last incident for FEHA sexual harassment, with some exceptions for delayed discovery. The earlier, the better. If you eventually need to sue, CRD will issue a right‑to‑sue notice after intake or mediation. In many cases, CRD can cross‑file with the EEOC, preserving federal claims as well. If an immediate court order is needed for safety, explore a civil harassment restraining order or workplace violence restraining order. These can run parallel to a grievance and do not require waiting for CRD.
Those steps can be adjusted when the harasser is a third party, when the accused is a powerful manager with control over schedules, or when the job is remote or field‑based. In union construction, for example, reporting might route through a hiring hall and project management with different dynamics. In healthcare, staffing ratios and patient care obligations complicate temporary reassignment. The union’s leverage and the employer’s legal exposure tend to drive solutions.
Evidence that moves the needle
California sexual harassment investigation practice is evidence driven. Investigators, whether internal HR or an outside neutral, look for consistent accounts, contemporaneous notes, and specifics. Vivid detail persuades. State dates or date ranges as best you can, identify witnesses who saw or heard key events, and preserve messages. Screenshots of texts, photos of notes or gifts left in workspaces, and copies of work schedules that forced proximity can be pivotal.
Unionized employees should add one more layer: preserve grievance filings, step responses, and any arbitration correspondence. In some cases, an employer admits policy violations in a grievance response while still resisting broader liability. I once saw a step‑two response concede that a lead had “exercised poor judgment with sexually explicit banter,” then propose light coaching. That letter later became Exhibit A in a civil case seeking damages for hostile work environment.
Where possible, capture how the conduct affected your work. Lost overtime, undesirable transfer, increased sick days, bids you passed on to avoid a supervisor, or documented anxiety treatment can connect the harassment to economic and non‑economic harm. California juries expect to see both story and numbers.
Employer duties in a union setting
California employer responsibility for sexual harassment does not relax because a union is present. Employers must maintain a compliant sexual harassment policy, distribute it, post required notices, provide accessible reporting avenues, conduct prompt and thorough investigations, and take effective remedial action. California sexual harassment policy requirements call for policies in accessible language, training for supervisors within six months of assuming supervisory duties, and periodic retraining for all employees at least every two years. Under SB 1343, non‑supervisory employees must receive at least one hour of training, while supervisors receive two.
When a complaint arises, the employer cannot outsource responsibility to the union. A grievance is not an investigation. The employer still must interview parties, gather evidence, reach factual findings, and act. If the employer drags its feet because a grievance is pending, that delay can deepen liability. Conversely, a union can request status updates and insist on interim protective measures, but it cannot compel the employer to share confidential witness statements if the employer deems confidentiality necessary for the integrity of the investigation. These tensions are common. The best practice is for the employer to share non‑privileged findings and confirm the remedial steps taken, while the union ensures the remedy protects the grievant without punishing them through involuntary transfer or lost pay.
Retaliation risks and how to mitigate them
California sexual harassment retaliation protections are robust. Retaliation includes firing, demotion, shift cuts, undesirable assignments, or any adverse action that would dissuade a reasonable worker from complaining. In unionized workplaces, retaliation can take more subtle forms: scheduling you opposite your childcare constraints, removing premium assignments that are technically discretionary, or nitpicking performance after years of clean records.
Document changes that follow your complaint. If your evaluation suddenly tanks, compare it to prior years. Ask a steward to sit in on meetings and to confirm in writing when management deviates from established practice. If your employer disciplines you shortly after you report harassment, the union can file a separate grievance on retaliation while you note the timing in your CRD complaint.
Arbitration clauses and strategic choices
Many collective bargaining agreements end with binding arbitration. Some extend arbitration to discrimination and harassment claims; others limit arbitration to contract disputes and leave statutory claims to court. Even when statutory claims are arbitrable, California courts will not enforce provisions that waive unwaivable rights or impose costs that make arbitration impractical. Fees and costs must be employer‑paid to the extent required by law, and remedies available under FEHA must remain available in arbitration.
Strategy depends on goals. Arbitration can be faster and more private. It can also limit discovery compared to court, which sometimes favors employers who control documents and witnesses. If an employee wants systemic change, court litigation can generate public orders and leverage broader injunctive relief. If privacy and speed top the list, arbitration may fit better, especially when a strong record has been built through the grievance process and an independent investigation.
One note on timing: filing a CRD complaint to obtain a right‑to‑sue does not prevent pursuing arbitration under the contract. You can preserve statutory claims while proceeding in the forum the contract provides, then decide whether to file in court after arbitration concludes, depending on the outcome and any preclusion rules that may apply.
Statutes of limitation and the risk of waiting
California’s filing deadline for sexual harassment claims is generally three years from the last act, to start the CRD process. That is generous compared to federal law, but it can vanish quickly while a grievance moves through step meetings, mediation, and arbitration. Do not assume that a pending grievance tolls FEHA deadlines. It usually does not. The safer hostile workplace laws in California route is to file with CRD early, note that internal processes are ongoing, and request immediate right‑to‑sue if you anticipate needing court access. If you first learned key facts later because the employer concealed information, consult counsel about delayed discovery. If you are a public sector union employee, there may be additional claims notice deadlines under the Government Claims Act, often six months for certain state law claims. Ask your union or an attorney immediately.
Damages and remedies available in California
Under FEHA, victims can recover economic losses such as back pay and front pay, non‑economic damages for emotional distress, and, when the employer acted with malice or oppression, punitive damages. Prevailing plaintiffs can also recover reasonable attorney’s fees. Settlements in California sexual harassment cases vary widely, from modest five‑figure amounts in cases with limited economic harm to seven‑figure outcomes where prolonged harassment caused career derailment and significant psychological injury. Confidential settlement terms are common, but California law restricts nondisclosure clauses that silence facts of sexual assault or harassment claims, particularly under the Silenced No More Act. In arbitration, remedies should mirror those available in court if the agreement is compliant with California law.
From a workplace perspective, injunctive relief matters. Reassignment away from the harasser, training, supervisor removal from chain of command, policy revisions, and monitoring can be required in settlements or court orders. In unionized workplaces, memorialize changes in writing to avoid slipping back to old patterns once the spotlight fades.
The union’s duty of fair representation and its limits
Unions owe members a duty of fair representation. That means the union must not act arbitrarily, discriminatorily, or in bad faith in handling a grievance. It does not mean the union must take every case to arbitration. If a union declines to arbitrate a harassment grievance, it should explain the reasons, such as lack of evidence or a weak contractual theory, and explore alternatives like parallel statutory claims and negotiated separation with neutral reference. If you believe the union mishandled your case egregiously, a duty of fair representation claim may be possible, but those claims are difficult and time‑sensitive. Often, a better path is to continue the statutory track through CRD and court with a California sexual harassment attorney, while pressing the employer directly for interim protection.
Special contexts: third parties, contractors, and joint employers
Third party sexual harassment in California is a real risk in retail, hospitality, healthcare, and transportation. Employers must act when customers or vendors harass employees. They can warn or ban offenders, assign security, adjust routes, or alter workflows to minimize exposure. The union can press for safety protocols in the contract, including refusal rights when abuse occurs. Document incidents with times, customer identifiers if available, and the employer’s response.
Independent contractor sexual harassment in California exists in a legal gray area because FEHA protections focus on employees. However, California has extended some anti‑harassment protections to independent contractors and unpaid interns under specific statutes, and the ABC test has reclassified many workers as employees. If you are labeled a contractor but controlled like an employee, consult counsel about misclassification. Unionized settings can include subcontracted labor on joint worksites. Joint employer theories can bring multiple entities into a case if both exercised control over your working conditions.
Training, culture, and the gap between paper and reality
California AB 1825 and SB 1343 set training baselines, but the quality varies. Boilerplate online modules check a box. Effective programs use realistic scenarios pulled from the workplace, not generic corporate speak. In unionized shops, consider joint training with union and management presenting together. That signals shared commitment and reduces the suspicion that HR is just protecting the company. Encourage bystander intervention techniques tailored to shift work, field crews, or patient floors. A five‑minute safety huddle can remind teams how to report and who to call.
I once consulted for a logistics facility where harassment complaints spiked after training. Management panicked until we traced the spike to increased trust in reporting channels. Within two quarters, complaints fell below baseline as bad actors were disciplined or exited, and workers saw that reporting led to change. The grievance committee played a constructive role by monitoring remedies and ensuring no one lost overtime because they were moved away from a harasser.
How to file a complaint in California without losing the thread
For union employees, the cleanest way to keep rights intact is a short, deliberate sequence:
- Submit a written internal complaint as early as possible, and copy your union rep. Ask in writing for interim measures that protect your hours and seniority. File a CRD intake online or by mail, preferably within weeks, not months. Note that an internal investigation and a grievance are underway, and request that CRD cross‑file with EEOC if federal claims may apply. Keep a timeline document. Each time something happens, add a dated entry. If the employer proposes resolution through sexual harassment mediation or arbitration, review the scope carefully and consult a sexual harassment lawyer in California about how it affects your FEHA rights.
These steps take little time and prevent the most common mistake I see, which is relying only on the grievance while the statutory filing window closes.
Settlement dynamics in unionized cases
California sexual harassment settlements in union settings often include remedies that touch both statutory and contractual domains. You might see back pay and damages paired with a seniority‑neutral transfer, a guarantee of shift parity, neutral references negotiated with HR, removal of a write‑up from the personnel file, and a mutual non‑disparagement clause that complies with California limits. Be wary of broad confidentiality terms that conflict with state law. If arbitration is pending, a global resolution can dismiss both arbitration and CRD claims, but confirm that the agreement does not waive future rights to report unlawful conduct.
When a supervisor is the harasser, employers sometimes propose moving the employee. That can feel like punishment. The union can push for relocating the supervisor instead, or for a bid preference that makes the employee whole for any inconvenience. Remedies should not cost the victim overtime or promotion paths.
When to call a lawyer, even if you have a strong union
Union reps are essential, but their mandate is the contract. Statutory claims live in a different ecosystem. An experienced California sexual harassment attorney can evaluate FEHA exposure, punitive damages potential, interplay with workers’ compensation if psychological injury is claimed, and risks of sexual harassment arbitration in California. Lawyers can coordinate with union counsel to avoid contradictory positions and to leverage admissions from the grievance record. If the union is fully supportive, counsel can work as a team. If the union is cautious, counsel can keep the statutory case moving, protect deadlines, and help the employee navigate options without rupturing relationships at work.
The bottom line for unionized workers in California
California sexual harassment laws apply in full in union workplaces. The grievance procedure is a tool, not a trap. Use it for speed and leverage, while preserving your statutory sexual harassment claim in California by timely filing with CRD. Keep your own evidence file. Ask for interim measures that do not erode your pay or seniority. Watch retaliation risk lines and document changes. Do not let arbitration clauses or internal investigations lull you into missing the filing deadline. The legal framework is designed to let you pursue multiple paths at once, and with a thoughtful strategy, those paths can reinforce each other rather than collide.
If you are unsure where to start, start small and soon. One email to HR and your steward, one CRD intake, and one page of notes will do more for your case than weeks of waiting for the next step meeting.