Small Business, Big Problems: When Your LA Sexual Harassment Lawyer Makes the Difference
You work at a small company with just three employees, and your supervisor has been making unwelcome sexual comments and advances for months. When you research your rights online, you discover that federal anti-discrimination laws only apply to employers with 15 or more employees—leaving you feeling powerless and unprotected. This frustrating gap in federal coverage affects thousands of California workers at small businesses, but here's what many don't realize: California's Fair Employment and Housing Act provides much stronger protections than federal law. While Title VII of the Civil Rights Act of 1964 covers only workplaces with 15 or more employees, California law prohibits harassment in all workplaces, even those with fewer than five employees, giving you legal recourse regardless of your company's size.
💡 Pro Tip: Document all incidents of harassment immediately, including dates, witnesses, and exact words used—California's broader protections mean your small workplace claim has real legal merit.
Don't let the size of your company silence your voice. Reach out to RD Law Group APC today to explore your options and protect your rights. Call (424) 535-1500 or contact us to take that crucial next step.
Understanding California's Broader Sexual Harassment Protections
The key difference between federal and California sexual harassment laws lies in employer size requirements and coverage scope. Federal anti-discrimination laws, including those prohibiting sexual harassment, typically apply to employers with 15 or more employees, while California's Fair Employment and Housing Act takes a more comprehensive approach. Under FEHA, harassment is prohibited in all workplaces, even those with fewer than five employees, though discrimination protections require employers to have five or more employees. This means that even if you work for a tiny startup or family business, you're still protected from sexual harassment under California law. A skilled LA sexual harassment lawyer can help you understand these distinctions and pursue justice regardless of your employer's size.
💡 Pro Tip: California's definition of sexual harassment includes unwelcome conduct that is so pervasive or severe that it would cause a reasonable person to feel it created a hostile work environment—even a single traumatic event could qualify.
Your Path to Justice: California's Sexual Harassment Claim Process
Understanding the timeline for filing sexual harassment claims in California helps you protect your rights and take action before it's too late. The process involves several critical steps, each with specific deadlines that can impact your ability to seek compensation and justice.
- Document the harassment immediately and report it to your employer following company policy, if one exists
- File a complaint with the California Civil Rights Department within three years from the date of the alleged discriminatory act—this extended timeline gives you more protection than many federal claims
- The CRD investigates your complaint and may pursue mediation or settlement discussions with your employer
- If the CRD issues a "right to sue" notice, you have one year to file a civil lawsuit against your employer
- Throughout this process, working with an experienced attorney ensures you don't miss critical deadlines or procedural requirements
💡 Pro Tip: Employment discrimination complaints must be filed within three years from the date of the alleged discriminatory act under California law—don't wait to seek help, as evidence and witness memories fade over time.
How RD Law Group APC Levels the Playing Field Against Small Business Harassment
Small businesses often assume they're immune from sexual harassment lawsuits due to federal law limitations, but California's comprehensive protections level the playing field for victims. At RD Law Group APC, we understand that sexual harassment at small companies can be particularly devastating because there's often nowhere to turn internally and fewer resources for victims. Our team helps clients navigate California's Fair Employment and Housing Act, which provides protection from harassment or discrimination based on sex and sexual orientation regardless of company size. When you work with a dedicated LA sexual harassment lawyer, you gain access to legal strategies that hold small employers accountable and secure the compensation you deserve for the harm you've suffered.
💡 Pro Tip: California FEHA applies to workers regardless of their citizenship or immigration status, and the CRD does not inquire about immigration status—your rights are protected no matter what.
Why California Went Further Than Federal Law in Protecting Workers
California lawmakers recognized that sexual harassment causes the same devastating harm whether it occurs at a Fortune 500 company or a three-person office, which is why they created broader protections than federal law requires. The Fair Employment and Housing Act represents California's commitment to protecting all workers from unlawful discrimination in employment, housing, businesses, and state-funded programs. Many state and local governments have enacted additional laws that prohibit sexual orientation discrimination in private and public workplaces, often covering a broader range of workplaces than those covered under Title VII. When you need a LA sexual harassment lawyer to fight for your rights, California's progressive approach means you have more legal options available than workers in many other states.
Small Business Compliance Requirements
California doesn't just protect small business employees—it also requires small employers to take proactive steps to prevent harassment. Employers of five or more employees are required to provide sexual harassment prevention training to all supervisory and nonsupervisory employees under California law. This training requirement demonstrates the state's recognition that harassment prevention is essential regardless of workplace size, and violations of these requirements can strengthen your harassment claim.
💡 Pro Tip: If your small employer hasn't provided required sexual harassment training, document this failure—it can serve as evidence of negligence in your harassment case.
Federal vs. State Agency Enforcement Powers
The enforcement mechanisms between federal and California sexual harassment laws also differ significantly, with California providing stronger investigative and remedial powers. The California Civil Rights Department is the state agency charged with enforcing California's civil rights laws, and unlike federal agencies that may be limited by employer size requirements, the CRD can investigate harassment at any workplace in California. The Equal Employment Opportunity Commission regulates workplace discrimination at the federal level, but their jurisdiction extends only to employers with 15 or more employees, leaving small business workers without federal recourse.
Enhanced Remedies Under California Law
California's broader coverage comes with enhanced remedies that federal law may not provide. State anti-discrimination laws often provide stronger protections than federal laws, potentially offering additional protections for sexual harassment victims through greater remedies and more comprehensive coverage. Any employee, applicant, unpaid intern, volunteer, or contractor may file a harassment complaint under FEHA regardless of company size, ensuring that California's protection extends to all working relationships, not just traditional employment.
💡 Pro Tip: California's enhanced remedies mean you may be entitled to additional compensation beyond what federal law allows—discuss all available remedies with your attorney.
Frequently Asked Questions
Understanding Your Rights Under California Law
Many workers at small companies don't realize they have strong legal protections under California law, even when federal law doesn't apply. Understanding these rights is the first step toward getting justice and compensation.
💡 Pro Tip: Keep detailed records of all harassment incidents, including dates, times, locations, and witnesses—this documentation becomes crucial evidence in your case.
Taking Action Against Small Business Harassment
The legal process for small business harassment cases follows the same rigorous standards as cases against large corporations, ensuring you receive equal protection under California law regardless of your employer's size.
💡 Pro Tip: Don't let your employer's small size discourage you from seeking justice—California law specifically protects workers like you, and experienced attorneys know how to hold small businesses accountable.
1. Can I sue my small business employer for sexual harassment if they have fewer than 15 employees?
Yes, absolutely. While federal law requires employers to have 15 or more employees to be covered by Title VII, California's Fair Employment and Housing Act prohibits harassment in all workplaces, even those with fewer than five employees. This means you have strong legal recourse against sexual harassment regardless of your employer's size.
2. What makes California sexual harassment laws stronger than federal protections?
California provides broader coverage, longer filing deadlines, and enhanced remedies compared to federal law. California sexual harassment laws cover all workplaces regardless of size, give you three years to file complaints (versus much shorter federal deadlines), and often provide for greater remedies for victims of discrimination and harassment.
3. Do I need to report harassment to my employer before filing a legal claim?
While reporting to your employer can be important, it's not always required under California law. However, giving your employer notice and an opportunity to address the harassment can sometimes strengthen your case and may be required to recover certain damages. Your LA sexual harassment lawyer can advise you on the best strategy for your specific situation.
4. What damages can I recover in a California sexual harassment lawsuit against a small business?
California law allows you to recover various types of damages including lost wages, emotional distress, medical expenses, punitive damages, and attorney's fees. The amount depends on the severity and impact of the harassment, not the size of your employer. Small businesses are held to the same legal standards as large corporations.
5. How long do I have to file a sexual harassment claim in California?
Under California law, you have three years from the date of the alleged discriminatory act to file a complaint with the California Civil Rights Department. This is significantly longer than many federal deadlines and gives you more time to build a strong case and seek justice.
Work with a Trusted Sexual Harassment Lawyer
Sexual harassment at small businesses requires legal representation that understands both the unique challenges these cases present and the powerful protections California law provides. The right attorney will help you navigate the complex intersection of state and federal laws, ensuring you pursue every available avenue for justice and compensation. When choosing legal representation, look for attorneys with proven experience handling California sexual harassment cases across employers of all sizes, from small startups in Venice Beach to established businesses throughout Los Angeles County. Your LA sexual harassment lawyer should understand that harassment causes the same devastating impact whether it happens at a two-person office or a multinational corporation, and they should fight just as hard for justice regardless of your employer's size.
When it comes to safeguarding your rights against harassment, size should not matter. RD Law Group APC is here to support you in navigating California's robust protections, no matter your company’s scale. Don't hesitate to reach out—call (424) 535-1500 or contact us to take that essential step forward.
