What Is Unwanted Physical Contact at Work in California? 2025

Unwanted physical contact at work in California can take many forms, all of which may create a hostile or uncomfortable work environment. From unsolicited touching and brushing against someone to more overt physical actions, these behaviors are not only inappropriate but may also violate state and federal harassment laws. This can lead to a common question: What is unwanted physical contact at work in California?

Understanding Unwanted Physical Contact at Work in California

Unwanted physical contact refers to any non-consensual physical interaction that makes an employee feel uncomfortable, threatened, or violated. This could include seemingly minor touches to more aggressive physical contact. Under state law, this qualifies as sexual harassment. Workplaces where this is allowed to happen often have a hostile atmosphere that allows or even condones this pattern of behavior.

Common examples of unwanted physical contact in the workplace can include:

• Uninvited touching, such as patting, hugging, or brushing against someone
• Groping or grabbing body parts
• Blocking someone’s path or invading personal space
• Physical gestures that are sexually suggestive

Workplace sexual harassment remains a pervasive issue throughout California. Nationwide, 81% of women and 43% of men reported experiencing some form of sexual harassment and/or assault in their lifetime. In California, the 2023 California Violence Experiences Study (CalVEX) found that 56% of non-binary adults reported experiencing sexual harassment or assault in the past year, and one in 11 adults reported being the victim of sexual harassment in the past year.

Whether you work at The Source OC, Knott’s Berry Farm, Buena Park City Hall, or elsewhere, you have recourse for holding your harasser accountable through the filing of an administrative complaint. If your case goes to court at the North Justice Center in Fullerton or the Central Justice Center in Santa Ana, an attorney can represent you through that process as well, so you secure the compensation and accountability you deserve.

Steps to Take if You Experience Sexual Harassment

If you experience sexual harassment at work, document every incident in detail. Record dates, times, and locations related to the misconduct. Note the names of potential witnesses who can be called to give statements later on. Also, make sure to save any emails, messages, or other forms of evidence that can back up your complaint later on.

Then, report the misconduct to your supervisor so there is a record of you notifying your company of the workplace misconduct. If your employer fails to address the problem or retaliates against you, you can file a complaint with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC).

How Can I Be Compensated?

Victims of workplace sexual harassment may be entitled to compensation for both economic and non-economic losses. Economic losses are things that are readily measurable, like lost wages and missed bonuses or losses tied to a denied promotion. If you left your work due to harassment, you may be compensated for future lost earnings as well.

Non-economic damages cover non-tangible but still equally important damages, such as pain and suffering. Harassment can also lead to the loss of enjoyment of life. An attorney can calculate the value of the emotional harm you suffered so that you are fairly compensated for what you went through.

To pursue compensation, you may start with an administrative complaint filed through the California Civil Rights Department or the EEOC. If necessary, your case can proceed to civil court, where a jury or judge may award financial damages.

FAQs

Q: What Is Unwanted Physical Contact at Work?

A: Unwanted physical contact at work includes any touching that is uninvited, inappropriate, or makes someone uncomfortable. This can involve brushing, grabbing, hugging, or any other contact that violates personal space or professional boundaries. Even if the contact is brief or nonviolent, it may still be considered misconduct. Reporting the behavior promptly helps document the issue while protecting your claim for compensation.

Q: Can Unwanted Physical Contact Be Considered Harassment in California?

A: Yes. In California, repeated or severe unwanted physical contact may qualify as harassment if it’s based on a protected characteristic like sex, race, or disability. This includes groping, lingering touches, or aggressive gestures. When such contact creates a hostile or intimidating work environment, it can support a formal claim. Keeping records and notifying a supervisor helps position you to hold your harasser accountable.

Q: What Is the Legal Definition of Unwanted Touching in California?

A: Unwanted touching in California is defined as intentional physical contact made without consent that offends or injures another person. This can include touching someone’s body, clothing, or belongings. Even if no visible harm occurs, the contact may be considered unlawful if it’s done willfully and without permission. The context and intent matter when determining if a boundary was violated.

Q: Can I File a Claim for a Single Incident of Unwanted Contact?

A: Yes, while many harassment cases involve repeated behavior, a single incident of unwanted physical contact may be enough to justify a claim if the action is severe or clearly inappropriate. For example, touching of a sexual nature or physical intimidation can rise to the level of unlawful conduct, even if it happens only once.

Reporting the incident, gathering any available evidence, and speaking with a lawyer can help you understand your options and pursue compensation.

Q: Do I Need an Attorney to File a Claim or Administrative Complaint?

A: Having an attorney can greatly improve your chances of holding a workplace harasser accountable for the harm they caused. California has strict laws about when someone can take their employer to court. Often, you’ll need to file an administrative complaint first. That process can be complicated if you do not have strong legal representation to handle overseeing the filing process, which must be backed up by strong evidence to support your complaint.

Sexually Harassed at Work? Contact the Law Offices of Corbett H. Williams Today

No one should be subjected to sexual harassment in the workplace. At the Law Offices of Corbett H. Williams, we understand the stress and uncertainty these situations create. That’s why we provide results-driven representation focused on holding employers accountable and securing the compensation you deserve.

We can handle the complexities of your case, including direct communication with your employer, and pursue a resolution that restores your dignity and protects your financial and professional future. If you’ve faced harassment on the job, contact our office today to speak with a Tustin sexual harassment lawyer you can trust.