What to Do If You Face Verbal Harassment at Work
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What California Law Actually Protects You From
Verbal harassment at work is unlawful in California when it targets you because of who you are. Under the Fair Employment and Housing Act, Government Code § 12940(j), slurs, demeaning comments, offensive jokes, and threatening language directed at you because of a protected characteristic are prohibited. Unlike federal law, California does not require the conduct to be repeated or extreme: under Government Code § 12923, enacted by SB 1300 in 2018, even a single incident can be enough to support a legal claim if it disrupted your work environment. The law applies to every California employer regardless of size, and it protects all workers regardless of immigration status.
What "Verbal Harassment at Work" Means Under California Law
Verbal harassment is not a separate legal category. It is the form harassment most commonly takes, and it is fully covered under FEHA when it is tied to a protected characteristic. Government Code § 12940(j)(1) lists the protected characteristics broadly:
- Race, color, national origin, and ancestry
- Religious creed
- Physical disability, mental disability, and medical condition
- Genetic information
- Marital status
- Sex, gender, gender identity, and gender expression
- Age
- Sexual orientation
- Reproductive health decisionmaking
- Veteran or military status
Conduct that qualifies can include racial slurs, sex-based insults, mocking someone’s disability, religious denigration, homophobic comments, or age-based ridicule. What makes the conduct unlawful is not how loud it was or how many times it happened. Under § 12923, harassment creates a hostile work environment when it “sufficiently offends, humiliates, distresses, or intrudes upon its victim so as to disrupt the victim’s emotional tranquility in the workplace, affect the victim’s ability to perform the job as usual, or otherwise interfere with and undermine the victim’s personal sense of well-being.” You do not need to show you lost a raise, a promotion, or your job to establish a claim. The statutory text ‘Loss of tangible job benefits shall not be necessary in order to establish harassment’ appears in subdivision (j) (the harassment subdivision, following the nonemployee-liability provision), not in subdivision (k), which concerns the duty to prevent harassment [source]
For a broader overview of the state’s worker protections, the firm’s California Employment Law Guide covers wages, harassment, wrongful termination, and more.
Does One Incident Count as Verbal Harassment at Work?
Yes, under the right circumstances. Government Code § 12923(b) states directly that a single incident of harassing conduct is sufficient to create a triable issue regarding a hostile work environment if it unreasonably interfered with your work performance or created an intimidating, hostile, or offensive environment. This is one of the most persistent misconceptions workers carry: that because it “only happened once,” nothing can be done. California law was written specifically to reject that conclusion.
Does It Matter What Industry You Work In?
No. Government Code § 12923(d) states that the legal standard does not vary by type of workplace, and that a history of “rough language” in a particular occupation is irrelevant. Construction sites, kitchens, film sets, and warehouses are not exempt. If you have been told to “toughen up” because that is just how things are in your field, that response does not change your legal rights.
Which Employers and Harassers California Law Covers
One of the most important distinctions in California law is the employer-size rule. FEHA’s anti-discrimination provisions (covering termination, demotion, and similar decisions) generally apply to employers with five or more employees. The harassment provisions apply to all California employers regardless of size, including a one-person shop, as confirmed by the California Civil Rights Department (CRD).
Liability depends on who did the harassing:
- Supervisors: Always personally liable under Government Code § 12940(j)(3) for harassment they commit, regardless of whether the employer knew.
- Co-workers: The employer is liable if it knew or should have known of the conduct and failed to take immediate and appropriate corrective action (§ 12940(j)(1)).
- Non-employees (customers, vendors, clients, independent contractors): The employer can be liable under the same “knew or should have known” standard (§ 12940(j)(1)).
Government Code § 12940(k) separately requires employers to take all reasonable steps to prevent harassment from occurring in the first place. An employer that never updated its harassment policy, never trained its supervisors, or ignored prior complaints may face additional exposure under this provision.
For a closer look at the specific rules governing manager and supervisor conduct, see the guide on what to do if you face supervisor harassment at work.
Protected workers under § 12940(j)(1) include employees, applicants, unpaid interns, volunteers, and persons providing services pursuant to a contract. The CRD does not ask about citizenship or immigration status when a complaint is filed. FEHA protections apply to all California workers regardless of immigration status.
What to Do Right Now If You Are Facing Verbal Harassment at Work
Consider this scenario: a warehouse supervisor repeatedly mocks a forklift operator in front of coworkers by making comments about his national origin, tells him to “go back where you came from,” and laughs when he complains. The worker assumes nothing can be done because no one touched him and he has not been demoted. Under § 12940(j)(3), the supervisor is personally liable for that conduct. Under § 12923, even a single incident of that kind can support a claim. The worker’s most important next step is to document what happened, report it, and contact an attorney before the deadlines run.
Follow these steps in order:
- Step 1: Document immediately. Write down what was said, who said it, who witnessed it, when it happened, and where. Do this as soon as possible while the details are fresh. See the checklist below.
- Step 2: Report internally if it is safe to do so. Reporting to HR or a manager puts your employer on notice. Under § 12940(j)(1), the employer’s liability for co-worker or non-employee harassment depends partly on whether it “knew or should have known.” A written complaint, even by email, creates a record.
- Step 3: If the employer fails to act, file with the CRD. The CRD enforces FEHA and handles harassment complaints. Filing with the CRD is required before you can pursue a civil lawsuit.
- Step 4: After the CRD issues a right-to-sue notice, file in California Superior Court within one year. This deadline is governed by Government Code § 12965.
How to Document Verbal Harassment: Evidence Checklist
Strong documentation is the foundation of any harassment claim. For a detailed walkthrough of how to build a record, the firm’s guide on how to document workplace harassment covers the full process. Use this checklist as your starting point:
- Write a dated, factual account of each incident: exact words used, your location, the time, and the harasser’s identity and role
- Identify every person present who could serve as a witness
- Save or screenshot any text messages, emails, instant messages, or voicemails that contain harassing language or that document your complaints
- Preserve copies of any internal complaints you submitted, including HR emails, incident report forms, and any written responses you received
- Keep a running log in a personal document stored outside company systems (a personal email account or cloud storage you control)
- Note any changes to your schedule, assignments, or working conditions that followed your complaint, as these may support a retaliation claim
- Photograph or preserve any physical evidence: notes left at your workstation, graffiti, or written materials directed at you
- Record the dates on which you told HR, a supervisor, or any manager about the harassment, and who specifically you told
Filing a Complaint with the California Civil Rights Department
The CRD is the state agency responsible for enforcing FEHA. You must file a complaint with the CRD before filing a civil lawsuit, even if your ultimate goal is to go to court. The CRD does not ask about citizenship or immigration status. Complaints can be initiated through the CRD’s online portal at calcivilrights.ca.gov.
Filing Deadlines: Two Separate Clocks You Cannot Miss
Step | Deadline | What Starts the Clock | Authority
|
|---|---|---|---|
File complaint with the CRD | 3 years | The last harassing act (ongoing harassment can restart the clock) | Gov. Code § 12960 |
File civil lawsuit after CRD right-to-sue notice | 1 year | Date the CRD issues the right-to-sue notice |
The three-year CRD window was extended from one year by AB 9, known as the SHARE Act, signed October 10, 2019. The Legislature recognized that employees often need time to process harassment before they are ready to report it. Even so, three years can pass faster than expected, and evidence deteriorates: witnesses leave, emails get deleted, and memories fade. The safer approach is to act as early as possible. Missing either deadline can permanently bar your claim.
What You May Be Able to Recover
A successful FEHA harassment claim can result in several categories of relief. Because specific civil penalty figures were not confirmed from a primary source in our research, we do not state dollar amounts here. Generally, remedies available under FEHA harassment claims can include:
- Compensation for emotional distress caused by the harassment
- Lost wages if the harassment led to constructive discharge or other economic harm
- Attorney’s fees and costs, which can be significant in harassment cases
- Injunctive relief requiring the employer to change policies or practices
- Punitive damages in cases involving malice, oppression, or fraud
Sexual harassment cases involve their own procedural considerations around confidentiality. The article on confidential vs. non-confidential sexual harassment settlements explains how those rules work and what they mean for your case.
What This Means If You Were Just Verbally Attacked at Work
If someone at your job directed a slur, a threat, or demeaning language at you because of your race, sex, religion, disability, age, sexual orientation, or another protected characteristic, California law gives you concrete legal options. You do not need to have been fired, demoted, or physically harmed to have a claim. You do not need to work for a large employer. You do not need to be a citizen or permanent resident. What you need to do right now is document what happened, preserve any written evidence, and be aware that the three-year filing clock with the CRD is already running from the date of the last incident. If your employer has ignored a complaint you already made, that failure to act strengthens, not weakens, your potential case. The sooner you consult an attorney, the more options you are likely to have.
Frequently Asked Questions
Is verbal harassment at work illegal if my employer never fired me?
Yes. The statutory text ‘Loss of tangible job benefits shall not be necessary in order to establish harassment’ appears in subdivision (j) (the harassment subdivision, following the nonemployee-liability provision), not in subdivision (k), which concerns the duty to prevent harassment [source]. If hostile verbal conduct tied to a protected characteristic disrupted your work environment, you may have a viable FEHA claim even if you remain employed.
What if the harassment came from a customer or vendor, not a coworker?
Your employer can still be liable. Under § 12940(j)(1), an employer that knew or should have known about harassment by a non-employee and failed to take immediate and appropriate corrective action may be held responsible.
Can I file a claim if I am undocumented?
Yes. The CRD confirms that FEHA protects all California workers regardless of citizenship or immigration status, and the agency does not ask about immigration status when a complaint is filed.
Does California require the harassment to be repeated before it is illegal?
No. Government Code § 12923(b) states that a single incident can be sufficient to create a triable hostile work environment claim if it unreasonably interfered with work performance or created an intimidating, hostile, or offensive environment.
What is the difference between filing with the CRD and filing a lawsuit?
Filing with the CRD is a required administrative step before you can sue in California Superior Court. After the CRD issues a right-to-sue notice, you then have one year under § 12965 to file your civil lawsuit. The CRD complaint and the lawsuit are two separate steps with two separate deadlines.
Contact Setareh Law Group: If you believe you have experienced verbal harassment at work, contact Setareh Law Group for a confidential consultation. Our team represents California workers across a range of employment and labor claims. We do not guarantee any particular outcome, but we will review your situation honestly and tell you what your options are.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
This article is general legal information about California employment law and is intended for educational purposes only. It does not constitute legal advice, and reading it does not create an attorney-client relationship between you and Setareh Law Group or any of its attorneys. Every case is different, and outcomes depend on facts specific to your situation. Do not rely on this article as a substitute for advice from a licensed California employment attorney.
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