Walking into work shouldn’t feel like entering a war zone. Yet thousands of California employees face daily harassment that makes them dread their commute, question their worth, and wonder if anyone will believe their story. If you’re experiencing unwelcome conduct at work, you have strong legal protections that can help you reclaim your workplace dignity.
What is Harassment Under California Law
California law draws clear lines about what counts as workplace harassment. The Fair Employment and Housing Act (FEHA) protects you from unwelcome verbal, physical, or visual conduct that creates an offensive, hostile, or intimidating work environment.
Here’s what matters most: the harassment must target you because of a protected characteristic. California Government Code Section 12940 makes it illegal for employers to allow harassment based on:
- Race or ethnicity
- Sex or gender
- Gender identity or expression
- Sexual orientation
- Disability
- Age (40 and older)
- Religion
- National origin
- Pregnancy or childbirth
- Related medical conditions
A coworker being generally rude or difficult doesn’t automatically qualify as legal harassment. The behavior must connect to one of these protected traits and be severe enough or happen frequently enough to change your working conditions.
Common Forms of Workplace Harassment
Harassment shows up in many forms, and recognizing the patterns helps you identify when your rights are being violated.
Sexual Harassment
Sexual harassment goes beyond unwanted advances. It includes any gender-based conduct that makes your workplace hostile. You might experience:
- Unwanted sexual propositions or advances
- Comments about your body or appearance
- Sexual jokes, stories, or innuendos
- Display of sexually explicit materials
- Unwelcome touching or physical contact
- Quid pro quo situations (sexual favors for job benefits)
The harasser’s motivation doesn’t matter. Even conduct that isn’t sexually motivated can constitute sexual harassment if it targets you because of your gender.
Harassment Based on Other Protected Characteristics
Racial and Ethnic Harassment: Slurs, “jokes,” stereotyping comments, or treating you differently because of your race or ethnicity. This includes displaying racist symbols or materials in your workspace.
Religious Harassment: Mocking your religious beliefs, forcing you to participate in religious activities, or refusing to accommodate your religious practices without good reason.
Disability Harassment: Making fun of your disability, asking intrusive medical questions, refusing reasonable accommodations, or creating physical barriers that prevent you from doing your job.
Age Harassment: Ageist comments, treating you as incompetent because of your age, or pushing you toward retirement based on age stereotypes.
Who Bears Responsibility for Harassment
California law holds multiple parties accountable when harassment occurs.
Your Employer’s Duties
Your employer has a legal duty to prevent and stop harassment. Under Government Code Section 12940(k), employers must take reasonable steps to prevent and promptly correct discriminatory and harassing conduct.
When supervisors harass employees, employers face strict liability if the harassment results in tangible job consequences like firing, demotion, or pay cuts. Even without these consequences, employers can still be liable unless they prove they took reasonable preventive measures and you unreasonably failed to use available complaint procedures.
Individual Harasser Liability
California allows you to sue the person who harassed you directly. This means you can potentially recover damages from both your employer and the individual harasser.
Third-Party Harassment
Your employer must also protect you from harassment by clients, customers, vendors, or other non-employees. When they know or should know about third-party harassment, they must take appropriate action to stop it.
How Severe Must Harassment Be
Not every inappropriate comment rises to the level of illegal harassment. California courts use a “severe or pervasive” test, meaning the conduct must be either:
Severe: A single incident that’s serious enough to violate the law, such as physical assault or extremely offensive conduct.
Pervasive: Less serious conduct that happens frequently enough to create a pattern of harassment.
Courts look at several factors:
- How often the harassment occurs
- How severe the behavior is
- Whether it’s physically threatening or humiliating
- Whether it interferes with your work performance
- The power relationship between you and the harasser
Steps to Take When Facing Harassment
Acting quickly can strengthen your position and potentially stop the harassment:
- Document Everything: Keep detailed records of each incident, including dates, times, witnesses, and exactly what happened. Save emails, texts, voicemails, or other evidence.
- Report the Harassment: Use your employer’s complaint procedures if they exist. Put your complaint in writing when possible and keep copies of everything you submit.
- Follow Up: If your employer doesn’t respond appropriately, escalate your complaint or file additional reports. Don’t let your complaint disappear into a filing cabinet.
- Preserve Evidence: Don’t delete communications or throw away documents that might support your case later.
- Get Support: Harassment can seriously affect your mental health. Consider counseling or other support services to help you cope.
Filing Harassment Complaints in California
You have several options for addressing workplace harassment:
Internal Company Complaints
Start with your employer’s internal complaint process. Many companies have human resources departments or designated procedures for handling harassment complaints.
State Agency Complaints
File a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). You have three years from the harassment to file your CRD complaint.
Federal Complaints
For companies with 15 or more employees, you can file with the Equal Employment Opportunity Commission (EEOC). The deadline is 300 days from the harassment when there’s also a state agency like the CRD that handles discrimination complaints.
Court Lawsuits
You can file a lawsuit in state or federal court. In California, you generally have three years from the harassment to file in state court. If you’re filing after receiving a right-to-sue letter from a government agency, specific deadlines will apply based on when you received that letter.
Protection from Retaliation
California Government Code Section 12940(h) protects you from retaliation when you oppose harassment or participate in harassment investigations. Your employer cannot punish you for:
- Filing a harassment complaint
- Participating in a harassment investigation
- Opposing harassment in your workplace
- Supporting a coworker’s harassment complaint
Retaliation can take many forms: termination, demotion, pay cuts, schedule changes, or any other negative employment action taken because of your protected activity.
Potential Compensation in Harassment Cases
If you prove harassment occurred, California law allows several types of damages:
- Economic Damages: Recovery of lost wages, benefits, and other financial losses caused by the harassment.
- Non-Economic Damages: Compensation for emotional distress, pain and suffering, and loss of enjoyment of life.
- Punitive Damages: Additional money designed to punish the harasser and prevent similar conduct in the future.
- Attorney’s Fees: California law allows successful harassment victims to recover their attorney’s fees and costs from the other side.
- Injunctive Relief: Court orders requiring your employer to take specific actions to prevent future harassment.
Essential Facts About California Harassment Law
- California harassment laws protect workers from unwelcome conduct based on protected characteristics
- Harassment must be severe or pervasive enough to create a hostile work environment
- Employers have a legal duty to prevent and correct harassment
- You can file complaints with state agencies, federal agencies, or courts
- California law protects you from retaliation for opposing harassment
- Both employers and individual harassers can be held liable for damages
- You have three years to file most harassment claims in California
- Documentation and prompt reporting strengthen your case
Frequently Asked Questions
Does a single incident count as harassment?
Yes, if the incident is severe enough. Physical assault, for example, might constitute harassment even if it only happens once. However, most harassment cases involve repeated conduct over time.
What if my harasser says they were just joking?
The harasser’s intent doesn’t matter if the conduct was unwelcome and created a hostile work environment based on a protected characteristic. “Just joking” provides no legal defense.
Can someone who shares my protected characteristics harass me?
Absolutely. A woman can sexually harass another woman, or a person of one race can harass someone of the same race. The key question is whether the conduct targeted the protected characteristic.
Does having an anti-harassment policy protect my employer?
Having a policy helps, but it doesn’t automatically shield your employer from liability. The policy must be effective, well-communicated, and consistently enforced.
How long do I have to file a harassment complaint?
For California Civil Rights Department complaints, you have three years. For EEOC complaints, you have 300 days. Court deadlines vary, but three years is typical for state court cases filed directly, with specific deadlines applying if you’re filing after receiving a right-to-sue letter.
Can I be fired for filing a harassment complaint?
No. California law prohibits retaliation against employees who file harassment complaints or participate in investigations. If you’re fired for complaining about harassment, you may have a separate retaliation claim.
What if the harassment comes from customers or clients?
Your employer still has a duty to protect you from third-party harassment. They must take reasonable steps to stop customer or client harassment when they know or should know it’s occurring.
Do I need to use my company’s complaint process before filing with a government agency?
While it’s often wise to use internal procedures first, California law doesn’t require you to exhaust internal remedies before filing with the CRD or EEOC.
Take Action to Protect Your Rights
Workplace harassment violates your dignity and your legal rights. Every day you endure harassment is another day it potentially gets worse and affects your career, health, and wellbeing.
At WorkRight Law, APC, we represent harassment victims throughout and understand how these situations impact every aspect of your life. We’ve seen how harassment can derail promising careers, damage self-esteem, and create lasting emotional trauma.
Our employment attorneys will review your situation at no cost and help you determine the best path forward. We handle most harassment cases on a contingency fee basis, meaning you don’t pay attorney’s fees unless we win your case.
Your workplace should be somewhere you can perform your job without fear, intimidation, or harassment. Contact WorkRight Law, APC today to schedule your consultation and take the first step toward reclaiming your workplace rights.
