In California, liability for sexual harassment in nonprofit organizations generally falls on the organization itself, under the same laws that apply to any employer. Individual supervisors can also be held personally liable regardless of whether the organization knew about the conduct. Whether your claim is viable depends on who committed the harassment, what the organization knew and failed to do about it, and whether your role was as an employee, volunteer, or unpaid intern.
If you experienced sexual harassment while working for a nonprofit in California, the organization can be held liable in the same way any private employer can. At Betts Law Group, attorney Whitney Betts brings a trauma-informed approach to every sexual harassment case, including those involving nonprofit organizations where power dynamics can make it especially difficult to speak up.
Does California Law Cover Nonprofit Employees?
Yes. A nonprofit’s charitable status does not exempt it from California’s harassment laws. Under California Government Code § 12940(j), the harassment provisions apply to any employer with even one employee. This goes further than federal law, which only applies to employers with 15 or more employees, meaning many nonprofits that fall below the federal threshold are still covered by California’s harassment protections.
There is one exception: religious nonprofits are carved out of the standard definition of employer, though that exemption is not absolute and certain protections may still apply depending on the circumstances. If you work or volunteer for a religious organization and experienced harassment, it is worth speaking with an attorney before assuming you have no options.
Volunteers and unpaid interns are also explicitly protected under California law, not as a workaround or exception, but by name. This matters in the nonprofit world, where a large portion of the workforce may never receive a paycheck. If you gave your time to an organization and were harassed while doing so, you may have the same legal protection from harassment as a paid employee.
Who Can Be Held Liable for Sexual Harassment in Nonprofit Organizations?
This is where nonprofit cases can get more complex than a standard workplace harassment claim. Liability can fall on multiple parties depending on who committed the harassment, what the organization knew, and how it responded.
- The organization itself: A nonprofit employer can be held directly liable for harassment committed by a supervisor or manager. Under California law, an employer is strictly liable when a supervisor harasses an employee, meaning the organization does not need to have known about it or failed to stop it. The harassment by the supervisor is enough.
- The individual harasser: In California, individual supervisors and coworkers can be held personally liable for harassment they commit under FEHA. This is broader than federal law, which does not impose personal liability on individual employees. If a board member, executive director, program manager, or coworker harassed you, that individual may face personal liability alongside the organization.
- The board of directors: Nonprofit boards carry governance responsibility for the organizations they oversee. If a board knew about harassment and failed to act or created conditions that allowed harassment to persist, that strengthens the claim against the organization. Individual board members can be held personally liable if they themselves engaged in the harassment
- Third parties with influence over your work: Harassment does not have to come from inside the organization to be actionable. If a donor, vendor, client, or partner harassed you and the nonprofit failed to address it, the organization may still be liable for failing to provide a harassment-free environment.
What About Volunteers?
This is one of the most common questions in nonprofit harassment cases and one of the most important. Under California Government Code § 12940(j), volunteers and unpaid interns are explicitly named as protected, meaning FEHA’s harassment protections apply to you even if you were never on payroll. You do not need to be a paid employee to have rights under California law.
That said, the power dynamics in volunteer situations can make harassment harder to prove and harder to report. The nonprofit may be liable if:
- You were harassed by a paid employee, supervisor, or someone in a position of authority over your work
- The organization knew or should have known about the harassment and failed to act
- A donor, vendor, or third party harassed you, and the nonprofit did nothing about it after finding out
California Civil Code § 51.9 may also apply if your volunteer role involved a service or professional service relationship with someone in a position of trust or authority, providing a separate path to compensation outside the standard employment framework. There may be a viable civil claim worth exploring depending on the nature of your role and the power dynamic involved.
If you were a volunteer who experienced harassment at a nonprofit, it is worth speaking with an attorney before assuming you have no options. Contact Betts Law Group for a free, confidential consultation to understand where you stand.
The Culture Problem in Nonprofits
Nonprofits present a specific set of dynamics that can make harassment harder to report and easier to ignore. Staff are often mission-driven and deeply loyal to the organization’s cause. Power is frequently concentrated in a founder, executive director, or charismatic leader whose position feels untouchable. Funding pressures and reputational concerns create strong incentives to keep complaints internal and quiet.
These dynamics do not change the law. An organization’s good works do not insulate it from accountability for how it treats the people who carry out that work. If you were pressured to stay quiet, discouraged from filing a formal complaint, or told that speaking up would harm the organization’s mission, that pressure itself may be relevant to a retaliation claim.
Talk to a California Sexual Harassment Attorney
Nonprofit organizations are not above the law, and the people who work for them deserve the same protections as anyone else. If you or a loved one experienced sexual harassment at a nonprofit in California, whether as an employee, a staff member, or a volunteer, you may have legal options.
Attorney Whitney Betts handles sexual harassment cases throughout California with a trauma-informed, client-first approach. There are no upfront fees, so you only pay if compensation is recovered. Contact Betts Law Group for a free, confidential consultation whenever you are ready.
Frequently Asked Questions About Sexual Harassment in Nonprofit Organizations in California
1. Can a nonprofit organization be sued for sexual harassment in California?
Yes. Nonprofit status does not exempt an organization from California’s harassment laws. The harassment provisions apply to any organization with even one employee. There is no minimum size requirement. The organization’s mission or tax status has no bearing on that obligation.
2. Can an individual supervisor or board member be held personally liable?
Yes. Individual employees, including supervisors and managers, can be held personally liable for harassment they commit, regardless of whether the organization knew about it or failed to stop it. This goes further than federal law, which does not allow personal liability against individuals. Board members who personally engaged in harassment can be held individually liable. A board’s failure to act on a known complaint strengthens the claim against the organization itself.
3. What if the harasser was a donor, vendor, or someone outside the organization?
The nonprofit may still be liable. California law allows an organization to be held responsible for harassment by nonemployees, including donors, vendors, or clients, if it knew or should have known about the conduct and failed to take immediate corrective action. The extent of the organization’s control over that person’s access will be considered.
4. I am a volunteer, not an employee. Do I have any legal options?
Yes. California law explicitly names volunteers and unpaid interns as protected from harassment, the same as paid employees. You do not need to be on payroll to have rights. Additionally, if your volunteer role involved a professional or service relationship with someone in a position of trust or authority, California Civil Code § 51.9 may provide a separate path to compensation entirely outside the employment law framework.
5. What if I was pressured to keep the harassment quiet to protect the organization?
That pressure may itself support a retaliation claim. California law prohibits employers from retaliating against anyone who opposes harassment or files a complaint. If you were discouraged from reporting, threatened with consequences for speaking up, or asked to sign a confidentiality agreement, those facts are legally relevant, and an attorney needs to know about them.
6. Does the religious nonprofit exemption mean I have no options?
Not necessarily. Religious associations or corporations not organized for private profit are carved out of the standard employer definition under California law, but that exemption is not absolute; certain protections may still apply depending on the circumstances. If you work or volunteer for a religious organization, speak with an attorney before assuming you are unprotected.
7. How long do I have to file a sexual harassment claim against a nonprofit in California?
You generally have three years from the last incident to file a complaint with the California Civil Rights Department. After receiving a right-to-sue letter, you have one year to file in civil court. Do not wait. The sooner you speak with an attorney, the better your options are protected.
8. Can Betts Law Group help with my nonprofit harassment case?
Yes. Betts Law Group represents employees, volunteers, and survivors of sexual harassment throughout California, including those involving nonprofit organizations. Attorney Whitney Betts brings a trauma-informed approach to every case. Contact us for a free, confidential consultation. There are no upfront fees.
