CALIFORNIA LEGAL CODE
California Civil Code § 51.9
Sexual Harassment in Professional Relationships
Under California Civil Code § 51.9, you can bring a civil claim for sexual harassment that occurs in a business, service, or professional relationship — such as with a doctor, therapist, attorney, landlord, teacher, or producer — even where there is no employer-employee relationship.
Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.
Exact Statute Text
51.9. (a) A person is liable… for sexual harassment… when the plaintiff proves all of the following: (1) There is a business, service, or professional relationship between the plaintiff and defendant… including… physician, psychotherapist, or dentist; attorney,… real estate agent,… accountant, banker,… landlord or property manager; teacher; elected official; lobbyist; director or producer; [or a substantially similar relationship].
(2) The defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance… or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe.
Read the full, current section at the official source: Cal. Civ. Code § 51.9 (leginfo).
In Plain English
- Beyond employment: covers harassment in professional/service relationships, not just employer-employee (which is FEHA).
- Enumerated relationships: doctor, therapist, dentist, attorney, landlord, teacher, producer, and similar.
- Standard: unwelcome sexual (or gender-based hostile) conduct that is pervasive or severe.
- Civil remedy: allows a damages claim against the individual in that relationship.
Key Terms Defined
Business/service/professional relationship
A defined relationship — e.g., physician, attorney, landlord, teacher, producer — or one substantially similar.
Pervasive or severe
The threshold for actionable conduct: it must be more than an isolated trivial incident, or severe enough on its own.
Sexual harassment (§ 51.9)
Unwelcome sexual advances or gender-based hostile conduct within a covered non-employment relationship.
Purpose & Context
Section 51.9 fills the gap left by employment law: it lets people harassed by professionals or service providers they depend on — doctors, landlords, attorneys, and others — sue for that harassment directly.
Real-World Example
A patient is subjected to repeated unwelcome sexual advances by a treating physician. Because a physician-patient relationship is expressly covered and the conduct is pervasive, the patient may bring a § 51.9 claim against the doctor — distinct from any medical-board complaint.
Civil Code § 51.9 elements
| Element | What must be shown | Subdivision |
|---|---|---|
| Relationship | A covered business/service/professional relationship | (a)(1) |
| Conduct | Unwelcome sexual or gender-based hostile conduct | (a)(2) |
| Severity | Pervasive or severe | (a)(2) |
| Examples of defendants | Doctor, therapist, attorney, landlord, teacher, producer | (a)(1)(A)–(I) |
Related California Statutes
Why 51.9 Matters
For survivors & plaintiffs
If a professional you relied on harassed you — a doctor, landlord, or attorney — § 51.9 gives you a direct civil claim even without an employment relationship. See our California sexual abuse lawyer page.
For defendants & institutions
Professionals and service providers can be personally liable for harassment within these relationships, separate from licensing discipline.
Frequently Asked Questions
Who can be sued under Civil Code § 51.9?
People in defined business, service, or professional relationships — including doctors, therapists, dentists, attorneys, landlords, teachers, and producers.
How is § 51.9 different from workplace harassment law?
FEHA covers employer-employee harassment; § 51.9 covers harassment in professional/service relationships outside ordinary employment.
What conduct qualifies?
Unwelcome sexual advances, requests, or gender-based hostile conduct that is pervasive or severe.
Do I need to prove a criminal act?
No — § 51.9 is a civil claim based on the harassment, not a crime.
Joseph Shirazi — Managing Partner · California State Bar #265403
Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, representing injury and abuse survivors throughout California. He leads the firm’s litigation practice and has recovered substantial results for clients in serious injury and sexual abuse cases.
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Legally reviewed by Simon Esfandi, Partner & Co-Founder (CA Bar #275307).
Disclaimer: This page provides general legal information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes.
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