What Counts as Harassment in California Workplaces
Dedicated advocacy for California workers who experience offensive conduct based on their protected characteristics at work.
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You hear a joke about your race at the morning meeting. Your manager asks invasive questions about your religion. A coworker repeatedly makes comments about your gender. You feel uncomfortable but you are not sure if it is illegal. What counts as harassment in California workplaces is defined by the Fair Employment and Housing Act. Harassment is unwelcome conduct based on a protected characteristic. That conduct must be severe or pervasive enough to create a hostile work environment. You have the right to work without fear of bullying or intimidation.
California workers commonly experience harassment in these forms:
- Hearing racial slurs or jokes about your ethnicity from coworkers
- Being touched inappropriately or subjected to unwanted sexual advances
- Receiving repeated comments about your age or being called old and slow
- Having your manager mock your disability or refuse to accommodate it
- Being subjected to offensive jokes about your religion or religious clothing
- Receiving threats or intimidation because of your sexual orientation
- Having offensive photos or posters displayed in common work areas
- Being repeatedly asked intrusive questions about your medical condition
At Setareh Law our harassment lawyers help California workers recover emotional distress damages lost wages and punitive damages. We also fight for workplace policy changes and attorney fees paid by your employer. Every worker deserves a workplace free from harassment.
Understanding What Counts as Harassment in California Workplaces
Harassment is a form of unlawful discrimination under California law. What counts as harassment in California workplaces depends on the nature of the conduct and the protected characteristic involved. The California Civil Rights Department’s harassment complaint process explains how workers can file formal complaints and what the agency investigates.
Protected Characteristics Under FEHA
- Race and color including ancestry and national origin
- Religion and religious creed including dress and grooming
- Sex and gender including pregnancy and childbirth
- Sexual orientation including gay lesbian bisexual and transgender
- Gender identity and gender expression
- Age for workers forty years or older
- Disability including mental and physical conditions
- Medical condition including cancer or genetic information
Our complete guide on harassment versus discrimination in California explains how these two separate legal claims work together and why understanding the difference matters for your case.
Two Types of Workplace Harassment
- Quid pro quo harassment means something for something
- This occurs when a job benefit depends on submitting to advances
- Hostile work environment harassment is more common
- This occurs when conduct creates an abusive work atmosphere
- Both types are illegal under California law
The EEOC’s What You Should Know about workplace harassment provides federal guidance on how harassment law has developed and what standards apply to both types of harassment claims.
What Does Not Count as Harassment
- A single offhand comment that is not severe or threatening
- Legitimate performance criticism from your manager
- Personality conflicts with coworkers that are not based on protected traits
- Isolated incidents that are not severe or physically threatening
- General rudeness that is not tied to race or gender or religion
Common Types of Workplace Harassment
Harassment takes many different forms in California workplaces. What counts as harassment in California workplaces includes verbal physical and visual conduct.
Racial Harassment
- Using racial slurs or epithets against a coworker
- Making jokes about someone’s skin color or facial features
- Displaying Confederate flags or swastikas in the workplace
- Mocking someone’s accent or cultural traditions
- Graffiti or drawings that target a specific racial group
Sexual Harassment
- Unwanted touching or groping of any body part
- Making sexual comments or jokes about someone’s body
- Repeated requests for dates or sexual favors
- Sending sexually explicit emails or text messages
- Leering or staring at someone in a sexual way
Our guide on what to do if sexually harassed at work explains the immediate steps to take to protect both your safety and your legal claim.
Age Harassment
- Calling older workers names like grandpa or grandma
- Making jokes about retirement or memory loss
- Excluding older workers from meetings and training
- Comments about technology skills being outdated
- Pressuring older workers to retire early
Disability Harassment
- Mocking someone’s physical or mental disability
- Making jokes about wheelchairs or service animals
- Calling someone crazy or psycho based on mental health
- Intentionally blocking accessible routes or doorways
- Refusing to use someone’s assistive device properly
Religious Harassment
- Mocking someone’s religious clothing or headwear
- Making jokes about religious practices or dietary rules
- Forcing employees to participate in religious activities
- Displaying offensive religious symbols in work areas
- Scheduling mandatory meetings during religious holidays
For workers facing religious harassment alongside other forms of discrimination, our guide on religious discrimination in the workplace covers both the harassment and discrimination claims you can bring simultaneously.
The Severe or Pervasive Standard
Not every offensive comment creates a legal claim. What counts as harassment in California workplaces must meet the severe or pervasive standard. The Cornell Legal Information Institute overview of hostile work environment law provides an authoritative academic explanation of how courts define and measure the severe or pervasive threshold.
Understanding Pervasive Harassment
- Pervasive means the conduct happens repeatedly over time
- Daily comments about your race over several months is pervasive
- Weekly inappropriate jokes about your religion is pervasive
- Monthly unwanted touching over a year is pervasive
- A pattern of conduct is more likely to be illegal
Understanding Severe Harassment
- Severe means a single incident is very serious
- Physical assault or sexual battery is severe
- A threat of violence is severe even if it happens once
- Explicit sexual demands from a supervisor is severe
- A single incident can create a hostile environment
How Courts Evaluate Harassment Claims
- Courts look at the frequency of the conduct
- Courts consider the severity of each incident
- Physical threats are weighed more heavily than jokes
- Courts ask if the conduct interfered with your work
- The conduct is judged from a reasonable person perspective
Who Can Be the Harasser
Harassment can come from many different people at work. What counts as harassment in California workplaces does not depend on who committed the act.
Supervisors and Managers
- Your direct boss makes unwanted sexual advances
- A manager in another department mocks your disability
- Your supervisor repeatedly uses racial slurs in meetings
- A manager threatens to fire you for refusing religious conversion
- The company is liable for supervisor harassment
Coworkers
- Coworkers create a hostile environment with offensive jokes
- You report the conduct but your employer does nothing
- The employer can be liable for ignoring coworker harassment
- Multiple coworkers can act together to harass you
- A single coworker can create a pervasive hostile environment
Our complete guide on what to do if you face supervisor harassment at work explains how automatic employer liability works differently depending on whether the harasser was your direct supervisor or a coworker.
Non Employees
- A client or customer sexually harasses you at work
- A vendor makes ageist comments about you repeatedly
- A contractor displays offensive materials in your workspace
- Your employer may be liable for not protecting you
- Your employer must take reasonable steps to stop outside harassment
Employer Liability for Harassment
Companies are responsible for preventing and stopping harassment. What counts as harassment in California workplaces determines when an employer is liable. The California Department of Fair Employment and Housing employer obligations guide outlines the specific steps every California employer must take to prevent harassment and the consequences of failing to do so.
Automatic Liability for Supervisor Harassment
- The company is automatically liable when a supervisor harasses you
- This is true even if the company did not know about it
- The company cannot avoid responsibility for managers
- Tangible job actions make liability automatic
- Quid pro quo harassment creates automatic liability
Liability for Coworker Harassment
- The company is liable if it knew or should have known
- You reported the harassment but your employer did nothing
- The harassment was so obvious that the company should have known
- Your employer failed to investigate your complaint
- Your employer failed to take reasonable corrective action
For workers whose employers failed to investigate or respond to their complaint, our guide on steps to take after workplace harassment explains what to do when your HR department ignores or minimizes your complaint.
Preventing Harassment in the Workplace
- Employers must have written anti harassment policies
- Employers must provide regular harassment training
- Employers must have a complaint procedure for workers
- Employers must investigate complaints promptly and thoroughly
- Employers must take corrective action when harassment occurs
The California Government Code Section 12950.1 training requirements require employers with five or more employees to provide sexual harassment prevention training and failure to comply is direct evidence of employer negligence in a harassment lawsuit.
How to Document Workplace Harassment
Strong documentation is the key to winning your harassment case. What counts as harassment in California workplaces becomes clearer with good records.
Write Down Every Incident
- Record the date and time of each harassing incident
- Write down exactly what was said or done to you
- Note who said it and who witnessed the conduct
- Describe how the incident made you feel
- Keep a running log of all harassment
Save Physical Evidence
- Save offensive emails or text messages
- Keep notes from harassing conversations
- Save any offensive photos or drawings
- Take screenshots of social media harassment
- Keep copies of any complaints you filed
For workers building a harassment case alongside an overtime or wage claim, our guide on what evidence you need to sue your employer explains how documentation from both types of claims can reinforce each other in court.
Report the Harassment in Writing
- Use your employer’s official reporting channel
- BCC your personal email on every complaint
- Keep a copy of everything you submit
- Follow up if your employer does not respond
- Document how your employer handled your complaint
Identify Witnesses
- Write down the names of coworkers who saw the harassment
- Ask witnesses if they would be willing to speak
- Document if witnesses are afraid to come forward
- Note if witnesses were also harassed
- Keep a list of people who can support your claim
What You Can Recover for Workplace Harassment
You can recover several types of damages when harassment occurs. What counts as harassment in California workplaces determines what you can claim.
Emotional Distress Damages
- Money for anxiety and depression caused by harassment
- Money for humiliation and loss of self esteem
- Money for sleep disturbances and physical symptoms
- Money for therapy or counseling costs
- There is no cap on emotional distress in California
Lost Wages and Benefits
- Back pay if you were fired for reporting harassment
- Front pay if you cannot return to your job
- Lost bonuses and commissions and overtime
- Lost health insurance and retirement benefits
- Lost professional opportunities and career advancement
For workers who were fired after reporting harassment, our guide on retaliation after filing a complaint explains the retaliation damages you can recover on top of your underlying harassment claim.
Punitive Damages
- Money to punish your employer for malicious conduct
- Available when the employer acted with oppression or fraud
- Can be very large for serious harassment cases
- Designed to make employers change their behavior
- Not available against government employers
Injunctive Relief
- A court order requiring your employer to stop the harassment
- Training requirements for all managers and staff
- Policy changes to prevent future harassment
- Removal of the harasser from your workplace
- Reinstatement to your job if you were fired
Why Choose Setareh Law for Your Harassment Case
We Understand Harassment Law Completely
Most lawyers do not understand the severe or pervasive standard. We do understand all of it. We know how courts evaluate harassment claims. That knowledge helps us win your case.
We Fight for Workers Only
Some law firms represent employers against harassment claims. We never do that. We only represent workers like you. Every case we take is about holding harassers and employers accountable.
We Work on Contingency for You
You pay nothing upfront to hire our law firm. No hourly billing and no hidden fees will ever surprise you. We only get paid when you win your case. That is how much we believe in protecting your rights.
Areas We Serve Across California
Counties: Los Angeles | Orange County | San Diego | Riverside | San Bernardino | Ventura | Santa Barbara | San Francisco | Alameda | Contra Costa | Sacramento | San Joaquin | Fresno | Kern | Stanislaus | Tulare | Monterey | Santa Clara | and every other county in the state.
Cities: Los Angeles, Long Beach, Glendale, Pasadena, Irvine, Anaheim, Riverside, San Bernardino, Ontario, San Diego, Chula Vista, Oceanside, Escondido, San Francisco, Oakland, San Jose, Fremont, Sacramento, Bakersfield, Stockton, and hundreds more.
FAQ's: What Counts as Harassment in California Workplaces
What is the difference between harassment and discrimination
Harassment is unwelcome conduct based on a protected characteristic. Discrimination is unequal treatment in hiring firing or promotions. Harassment creates a hostile work environment. Discrimination affects your job terms and conditions. Both are illegal under California law.
Can a single incident count as workplace harassment
Yes if the incident is severe enough. Physical assault or sexual battery is severe. A threat of violence is severe even once. Explicit sexual demands from a supervisor are severe. For less severe conduct you need repeated incidents.
What should I do if I am being harassed at work
Report the harassment to your supervisor or human resources. Write down every incident with dates and details. Save any offensive emails texts or photos. Do not quit your job before talking to a lawyer. Call a harassment lawyer for a free consultation right away.
How long do I have to file a harassment claim in California
You have three years from the date of harassment to file a complaint. You must file with the Civil Rights Department first. After receiving your right to sue letter you have one year to file a lawsuit. Do not wait because evidence disappears and memories fade.
Can I be fired for reporting harassment
No. Firing an employee for reporting harassment is illegal retaliation. California law protects workers who complain about harassment. You can sue for retaliation separately from your harassment claim. You can recover additional damages for retaliation.
What if my employer investigates but does nothing about the harassment
Your employer has a duty to take reasonable corrective action. Doing nothing may make them liable for the ongoing harassment. You can sue your employer for failing to stop the harassment. Document everything your employer did or did not do.
Take the Next Step
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
Disclaimer: This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
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