Nonprofit organizations exist to serve and uplift communities. But behind the mission-driven work, power imbalances and limited oversight can sometimes create environments where harassment goes unchecked. When harassment occurs in a nonprofit, whether by a leader, donor, or volunteer, it undermines trust and crosses legal boundaries.
Understanding who can be held accountable is the first step toward protecting employees, volunteers, and those who depend on these organizations.
At Betts Law Group, we represent survivors of workplace and institutional harassment with care and integrity. Our attorneys help clients navigate complex cases where compassion, confidentiality, and justice must go hand in hand.
Defining Sexual Harassment in a Nonprofit Setting
Sexual harassment includes unwanted sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature, or any behavior that creates a hostile or intimidating work environment.
In a nonprofit, this misconduct can take many forms:
- A supervisor or executive making inappropriate comments or advances toward staff
- A board member using their influence to pressure or manipulate
- A donor or volunteer engaging in harassing behavior without accountability
- Repeated comments or jokes that make someone uncomfortable
Just like in the corporate world, nonprofit workers and volunteers are protected by California’s Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act.
Who Can Be Held Liable?
Responsibility for sexual harassment in a nonprofit can fall on several parties depending on the situation.
- The Harasser – The individual who engages in harassment (whether an executive, board member, coworker, or volunteer) can be personally liable under California law. Intent and power dynamics often determine how the law applies, but inappropriate conduct is never excused by status or position.
- The Organization – A nonprofit can be held liable if it knew (or should have known) about the harassment and failed to take action. This includes ignoring complaints, not providing proper training, or lacking clear reporting procedures. Nonprofits have a legal duty to maintain a safe workplace and to protect employees and volunteers from foreseeable harm.
- Supervisors and Managers – If a supervisor engages in harassment, the organization is automatically liable for their conduct. If they fail to act on a complaint or retaliate against the person reporting, that can also result in serious legal consequences.
- The Board of Directors – Boards play a critical role in governance and accountability. If they neglect to implement policies or investigate credible allegations, they may share in the liability for the harm caused under claims of negligent supervision or retention.
Steps Nonprofits Should Take to Prevent Liability
To prevent harm and legal exposure, nonprofits should:
- Provide annual harassment prevention training for all staff and volunteers
- Establish clear reporting policies that protect complainants from retaliation
- Document all complaints and investigations carefully
- Take swift, appropriate action when misconduct occurs
- Foster a culture where respect and boundaries are non-negotiable
When nonprofits fail to uphold these standards, they can face not only lawsuits but also loss of funding and reputational damage.
What Survivors Can Do
If you experienced sexual harassment within a nonprofit organization, you have the right to take action. You can:
- Document what happened, including dates, times, messages, and witnesses
- Report the behavior through the organization’s internal process or to an outside agency
- Consult with an attorney to discuss your options under California law
Even if you are unsure about your next steps, reaching out to a trauma-informed attorney can help you feel more in control.
Moving Forward with Support
Every survivor deserves to be heard and protected. Nonprofits have an obligation not just to serve the community, but to protect those within it from harm. Accountability helps prevent future harm by keeping integrity and safety at the heart of every organization’s mission.
If you believe you’ve been harassed while working or volunteering at a nonprofit, contact Betts Law Group for a confidential consultation. Our attorneys understand how painful and personal these cases can be, and we’re here to help you move forward with compassion and confidence.
FAQs
- Can volunteers experience sexual harassment under California law?
Yes. Even though volunteers are not always classified as employees, they are still protected under California’s Fair Employment and Housing Act (FEHA) when it comes to harassment and discrimination. - Is a nonprofit responsible if a donor or board member harasses staff or volunteers?
Yes. Nonprofits have a duty to provide a safe environment for everyone involved in their operations. If a donor, board member, or executive engages in harassment and the organization fails to act, the nonprofit may be held liable. - What should I do if I was harassed by someone in a leadership position at a nonprofit?
Document what happened, report the misconduct internally if it feels safe to do so, and contact a sexual harassment lawyer experienced with nonprofit and institutional cases to help protect your rights. - Are nonprofit organizations required to have harassment training and reporting policies?
Yes. California law requires employers, including nonprofits, to provide harassment prevention training and establish clear complaint procedures for all staff and volunteers. - Can I take legal action if the nonprofit retaliates after I report harassment?
Absolutely. Retaliation for reporting harassment or participating in an investigation is illegal. Survivors may have the right to pursue legal recourse for workplace retaliation. - How can an attorney help me with a nonprofit harassment claim?
An experienced attorney can investigate your case, identify all responsible parties, and pursue justice through civil claims while ensuring you’re treated with compassion and respect.
