If you were a victim of workplace sexual harassment and signed an arbitration agreement, there is something you need to know: since 2022, federal law changed dramatically. Arbitration agreements can no longer force you to resolve sexual harassment or sexual assault cases outside of court. You have the right to go to trial, before a jury, in a public courtroom — regardless of what you signed.
My name is Arlo Uriarte, employment attorney at Liberation Law Group. Call 1-888-442-2642 or request your free consultation here. 24/7 in English and Spanish.
The 2022 Federal Law: The End of Forced Arbitration in Sexual Harassment Cases
In March 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This federal law has a direct and immediate impact on the rights of workplace sexual harassment victims throughout the United States.
What the law establishes is simple but groundbreaking: no arbitration agreement can force a victim of sexual harassment or sexual assault to resolve their case in arbitration instead of in court. This applies to any arbitration agreement signed before or after the harassment occurred — including agreements you signed on your first day of work.
The choice of whether to go to arbitration or to court now belongs exclusively to the victim. The employer cannot force arbitration in these cases.
Why This Law Matters So Much for Victims
Before 2022, arbitration agreements were a powerful tool that employers used to silence sexual harassment victims. Arbitration is a private process — the proceedings are confidential, arbitrators are paid by companies, and outcomes are rarely made public. This meant an employer could continue employing a serial harasser while their victims resolved their cases in secret, without other employees knowing the risk they faced.
The 2022 law changed this. Now, sexual harassment victims can:
Take their case to a public court with a jury. Juries of ordinary citizens tend to be more empathetic toward sexual harassment victims than private arbitrators.
Create a public record. Court filings are publicly accessible — which can alert other employees and deter the employer from repeating the conduct.
Potentially recover greater compensation. Juries in California have the authority to award significant punitive damages in serious sexual harassment cases.
Learn more about your rights against workplace sexual harassment and about the difference between sexual harassment and sexual assault.
Were you a victim of sexual harassment and signed an arbitration agreement?
The 2022 federal law gives you the right to go to court. Attorney Arlo Uriarte can explain your options — free, in Spanish. 1-888-442-2642 — free consultation here — 24/7.
What Counts as Sexual Harassment Under the Law?
California has some of the broadest definitions of sexual harassment in the country. Workplace sexual harassment includes:
Quid pro quo: When a supervisor or person in authority makes employment benefits — promotions, favorable shifts, continued employment — conditional on acceptance of sexual conduct. “If you want to keep working here, you have to…” — that is quid pro quo harassment.
Hostile work environment: Unwelcome sexual conduct that is sufficiently severe or pervasive to create an intimidating, hostile, or offensive work environment. This can include sexual comments, inappropriate jokes, displaying sexual material, unwanted touching, or any conduct of a sexual nature that interferes with work.
A single sufficiently severe incident can constitute sexual harassment. It does not need to be repeated conduct — a workplace sexual assault, for example, is sexual harassment under the law regardless of being a single event.
If you suffered sexual harassment at your workplace in San Francisco, Sonoma County, Marin County, Napa County, or anywhere in Northern California, call 1-888-442-2642. The consultation is free and completely confidential.
Employer Liability in Sexual Harassment Cases
In California, the employer is directly liable when the harassment is committed by a supervisor. You do not need to prove that the employer knew about the harassment — liability is automatic. When the harassment is committed by a coworker (not a supervisor), the employer is liable if they knew or should have known about the harassment and failed to take reasonably prompt corrective action.
This is important: even if the harassment was committed by a coworker rather than your direct supervisor, if you reported the harassment to the company and they did nothing — or if the harassment was so obvious the company should have known — the employer can be held liable. The employer cannot simply say “we didn’t know” when the harassment was systematic and visible.
What You Can Recover in a Sexual Harassment Case
Lost wages: If you left your job or were terminated as a result of the harassment, you are entitled to the wages you would have earned.
Emotional distress damages: The anxiety, depression, insomnia, and trauma caused by the harassment are compensable damages under California law. In serious cases, these damages can be very substantial.
Medical and therapy costs: If you sought medical or psychological treatment as a result of the harassment, those costs are recoverable.
Punitive damages: In cases involving particularly serious or malicious conduct, the jury can award punitive damages designed to punish the employer and deter similar behavior in the future.
Attorney’s fees: In successful sexual harassment cases under FEHA, the employer pays the victim’s attorney’s fees.
Deadlines in sexual harassment cases run too — act today.
Call 1-888-442-2642 to speak with attorney Arlo Uriarte. Free evaluation in Spanish — confidential — 24/7.
Frequently Asked Questions — Sexual Harassment and Arbitration in California
Does the arbitration agreement I signed block my sexual harassment case?
No. The Federal Ending Forced Arbitration of Sexual Harassment Act (2022) establishes that no arbitration agreement can force a sexual harassment victim to resolve their case outside of court. You can choose to go to court with a jury, regardless of what you signed and regardless of when you signed the agreement. The decision to go to arbitration or to court now belongs exclusively to you. Call 1-888-442-2642 to evaluate the best options for your specific case.
Do I have to report the harassment to my employer before filing a lawsuit?
It is not a prerequisite for filing a lawsuit, but it can affect legal strategy. In California, if the harassment was committed by a supervisor, the employer is automatically liable — you do not need to have reported the harassment first. If it was committed by a coworker, the employer may be able to limit certain liability by demonstrating they did not know about the harassment and took corrective action when they found out. In practice, documenting an internal report can strengthen your case because if the employer received the report and failed to act, that aggravates their liability. An attorney can advise you on the right strategy for your situation.
How long do I have to file a sexual harassment lawsuit?
In California, you have 3 years from the most recent incident to file a sexual harassment lawsuit under FEHA. For an administrative claim with the CRD, the deadline is also 3 years. These deadlines are longer than in many other states. However, acting quickly is always better — witnesses remember more clearly, evidence is fresher, and you can preserve documentation that could be lost over time. If the harassment occurred more than 2 years ago, there are options that may preserve your rights — call 1-888-442-2642 to explore them.
What evidence do I need for a sexual harassment case?
Sexual harassment cases rarely have direct evidence beyond the victim’s testimony — and that is acceptable, because California recognizes that these incidents frequently occur in private. The most valuable evidence includes: text messages, emails, or voicemails from the harasser; testimony from coworkers who witnessed the harassment or to whom you reported it; medical or therapy records documenting the emotional harm; any communications with HR or supervisors about the harassment; and patterns of the harasser’s conduct with other victims. You do not need all of this to get started — the legal discovery process can obtain additional evidence. Call 1-888-442-2642.
Can I sue if the harassment was committed by a client, not an employee?
Yes. The employer can be liable for sexual harassment committed by third parties — including clients, vendors, or contractors — if they knew or should have known about the harassment and failed to take reasonably prompt corrective action. If you reported to your employer that a client was harassing you and the employer failed to act, that employer can be sued. This situation is common in restaurants, hotels, and customer service environments in San Francisco and the Bay Area. Call 1-888-442-2642 to evaluate your case.
What if the harasser is the owner of the company?
Employer liability is particularly clear when the harasser is the owner or the top level of the organization. There is no relevant “internal reporting” process — the company and the harasser are the same entity. This simplifies certain aspects of the case. Additionally, because the owner acted in their official capacity, there is potential for personal liability in some cases. If the owner of the company where you worked harassed you, you have grounds for a significant lawsuit. Attorney Arlo Uriarte can evaluate your case — call 1-888-442-2642.
Can my employer retaliate against me for reporting sexual harassment?
No. Retaliation against someone who reports sexual harassment — whether to the employer, to a government agency, or through a lawsuit — is completely illegal in California. If your employer terminated you, reduced your hours, changed your shift as punishment, or took any negative action after you reported the harassment, that is illegal retaliation that creates an additional claim. Read about your rights against workplace retaliation. Retaliation in sexual harassment cases can add significant additional compensation to your case.
Does Liberation Law Group handle sexual harassment cases throughout Northern California?
Yes. We represent sexual harassment victims in San Francisco, Oakland, San Jose, Sonoma County, Marin County, Napa County, San Mateo County, and throughout the region. We handle all cases with absolute confidentiality. Call 1-888-442-2642 — available 24/7 in English and Spanish.
Your Voice Deserves to Be Heard — Act Today
Workplace sexual harassment is not inevitable, it is not acceptable, and you do not have to accept it. California law — and now federal law — is on your side more than ever. Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte handles these cases with the seriousness and confidentiality you deserve — in Spanish, at no cost, 24/7.
Liberation Law Group — Employment Attorneys for Workers, 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
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