California Workplace Harassment Laws: Your Complete Legal Guide

No one should have to endure a hostile or abusive work environment. Unfortunately, thousands of California workers face harassment on the job every year — from unwanted sexual comments to bullying based on race, religion, or disability. The good news is that California has some of the strongest workplace harassment protections in the country, and knowing your rights is the first step toward defending them.

This guide breaks down California's workplace harassment laws in plain English, explains what you can do if you're being harassed, and helps you understand when it's time to speak with a qualified employment lawyer.

What Is Workplace Harassment Under California Law?

Under California law, workplace harassment is defined as unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create a hostile work environment. California's primary anti-harassment statute is the Fair Employment and Housing Act (FEHA), which is enforced by the California Civil Rights Department (CRD — formerly DFEH).

FEHA prohibits harassment based on the following protected characteristics:

• Race, color, or national origin
• Sex, gender identity, and gender expression
• Sexual orientation
• Religion
• Disability (physical or mental)
• Age (40 and older)
• Pregnancy, childbirth, or related medical conditions
• Marital or domestic partner status
• Medical condition or genetic information
• Military or veteran status

Types of Workplace Harassment in California

1. Sexual Harassment

Sexual harassment is the most commonly reported form of workplace harassment in California. It falls into two categories:

• Quid Pro Quo ("This for That"): When a supervisor or employer conditions a job benefit — like a promotion, raise, or continued employment — on sexual favors. A single incident can qualify.
• Hostile Work Environment: Unwelcome sexual conduct (comments, jokes, touching, displaying offensive images) that is severe or pervasive enough to make the workplace intimidating, hostile, or abusive.

2. Racial and National Origin Harassment

Racial slurs, discriminatory jokes, offensive symbols, or derogatory remarks about an employee's ethnicity or ancestry can all constitute illegal harassment under FEHA. Even a single extreme incident — such as a noose or racial epithet — can meet the legal threshold.

3. Disability-Based Harassment

Mocking someone for a physical or mental disability, making offensive comments about their condition, or creating a work environment where a disabled employee feels humiliated or intimidated is prohibited under both FEHA and the Americans with Disabilities Act (ADA).

4. Religious Harassment

Employees have the right to practice their religion without being ridiculed, demoted, or made to feel unwelcome. Employers are also required to provide reasonable religious accommodations unless doing so would create an undue hardship.

What Makes Conduct "Severe or Pervasive"?

Not every rude comment or offensive joke rises to the level of illegal harassment. Courts look at the totality of circumstances to decide whether conduct was severe or pervasive enough to create a hostile work environment. Factors include:

• How often the conduct occurred (frequency)
• How serious or extreme the conduct was (severity)
• Whether it was physically threatening or humiliating
• Whether it interfered with the employee's work performance
• Who engaged in the conduct — a coworker, supervisor, or client

Importantly, California law uses a "reasonable person" standard — would a reasonable person in the victim's position find the conduct hostile or abusive? If yes, a claim may succeed even if the harasser claims they were "just joking."

Who Can Be Held Liable for Workplace Harassment?

California law holds different parties to different standards:

Individual harassers can also be personally sued in California — unlike many states where only the employer can be named as a defendant. This applies to supervisors and agents who engage in harassing conduct.

Employer Obligations Under California Law

California imposes strict duties on employers to prevent and address workplace harassment. Under FEHA, all employers with five or more employees must:

• Distribute a written anti-harassment policy to all employees
• Post required anti-discrimination notices in the workplace
• Provide mandatory sexual harassment prevention training:
  • Supervisors: at least 2 hours of training every 2 years
  • Non-supervisory employees: at least 1 hour of training every 2 years
• Investigate complaints promptly and thoroughly
• Take immediate and appropriate corrective action
• Protect complainants from retaliation

Employers who fail to meet these obligations face not only civil liability but also administrative penalties from the 🏛 California Civil Rights Department.

How to Report Workplace Harassment in California

If you are experiencing harassment at work, here are the steps you should take:

1. Document everything. Keep a detailed written log of each incident — date, time, location, what was said or done, and any witnesses present. Save emails, texts, or other communications.
2. Report internally. Use your employer's formal complaint procedure. Report to HR or a supervisor (unless the harasser is your supervisor, in which case go higher up the chain).
3. File a complaint with the CRD. You can file a harassment complaint with the California Civil Rights Department within three years of the most recent act of harassment. This is a required step before filing a civil lawsuit.
4. File with the EEOC (optional). You can also file with the 🏛 U.S. Equal Employment Opportunity Commission within 300 days of the harassment (this filing deadline is shorter under federal law).
5. Consult an employment attorney. An experienced lawyer can review your case, help you navigate the administrative process, and advise whether to pursue a civil lawsuit.

Anti-Retaliation Protections for Harassment Victims

One of the biggest fears employees have when reporting harassment is losing their job. California law is clear: it is illegal for an employer to retaliate against an employee for:

• Reporting or complaining about workplace harassment
• Participating in a harassment investigation
• Filing a complaint with the CRD or EEOC
• Acting as a witness in a harassment proceeding

Retaliation can include termination, demotion, reduction in hours, negative performance reviews, reassignment to undesirable shifts, or a hostile change in working conditions. If you experience any of these after making a harassment complaint, you may have a separate retaliation claim on top of your harassment claim.

For a broader look at employment rights in California, see our guide on finding an employment lawyer who handles discrimination and wrongful termination cases.

Compensation You May Recover

If your harassment claim is successful, California law allows victims to recover significant damages, including:

• Lost wages and benefits (back pay and front pay)
• Emotional distress damages — compensation for anxiety, depression, sleep loss, and psychological harm
• Punitive damages — awarded when the employer's conduct was especially malicious or oppressive
• Attorney's fees and court costs — you may recover legal fees if you win your case
• Job reinstatement — in cases of wrongful termination related to harassment

California courts have awarded multimillion-dollar verdicts in serious harassment cases. Even cases that settle out of court often result in meaningful compensation for victims. Learn more on our page covering employment law attorneys across California who handle these claims.

Find Employment Lawyers Across California

If you are dealing with workplace harassment in California, connecting with an experienced local attorney can make a significant difference. Here are some related legal guides and city-specific resources available on our site:

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• Browse All Lawyers in California