Workplace harassment is a serious issue. It can deeply impact your personal life and well-being, affecting both physical and mental health.

If you’re facing workplace harassment, you’re likely wondering what steps you can take. This guide aims to help you understand your legal rights and choices under California law.

We’ll start with a clear explanation of key laws. These include important federal and California laws that address workplace harassment, including sexual harassment.

Then, we’ll discuss when your employer might be held legally responsible for harassing behavior. This often includes actions by managers or supervisors, and sometimes coworkers too. We’ll also clarify the distinction between unlawful harassment and illegal employer retaliation.

Understanding how the law specifically defines harassment can be empowering. It puts you in a stronger position to recognize violations and defend your rights.

Finally, we’ll outline concrete steps for taking legal action if necessary. This includes the types of compensation potentially available if your rights were violated.

Let’s begin by reviewing the relevant anti-harassment laws.

How Federal and California State Law Define Workplace Harassment

First, let’s clarify the legal term “harassment.” In everyday conversation, it’s used broadly. It can describe any persistent unwelcome behavior that annoys, intimidates, or makes someone uncomfortable.

Federal and California law define harassment more specifically, however. Legally, workplace harassment is a form of discrimination. In the workplace, harassment is unwelcome conduct that’s based on a protected characteristic.

These traits include race, sex, religion, age (40+), national origin, disability, and others. Our Complete Guide to California Laws on Discrimination covers all the protected classes recognized in California.

Workplace harassment generally takes two main forms:

For conduct to qualify as illegal harassment, it must be sufficiently severe or pervasive. It needs to create a hostile, abusive, or intimidating work environment. Usually, this involves ongoing conduct. But even a single, very severe incident can sometimes be enough.

Harassment can come from many sources. This includes supervisors, coworkers, or even third parties like customers or clients.

What about behavior that isn’t based on a protected characteristic? Ongoing workplace conflicts or even bullying might not qualify as illegal harassment under these specific laws.

However, such actions could violate company policy. Other legal claims might sometimes apply too. We’ll go into more detail below.

For now, let’s look closer at the specific types of workplace harassment recognized under California law.

What Constitutes Sexual Harassment Under California Law?

Sexual harassment is a form of illegal sex or gender discrimination. Gender has long been a protected characteristic under civil rights laws. But courts later formally recognized sexual harassment as a type of illegal sex discrimination.

Meritor Savings Bank v. Vinson (1986) 477 U.S. 57 is a landmark U.S. Supreme Court case holding that sexual harassment violates Title VII (the federal anti-discrimination law). 

Importantly, these protections apply regardless of anyone’s gender or sexual orientation. The harasser and the person harmed can be of the same or different genders. California law under the Fair Employment and Housing Act (FEHA) is particularly clear. It broadly prohibits sexual harassment, including same-sex harassment and harassment based on gender identity or gender expression.

A California appellate court decision confirmed this principle. Singleton v. United States Gypsum Co. (2006) 140 Cal. App. 4th 1547 involved a male employee subjected to severe, sex-based hazing by male coworkers and supervisors. The court upheld his claim. It affirmed that severe or pervasive same-sex harassment based on sex or gender stereotypes violates FEHA.

Under FEHA, there are two primary types of sexual harassment:1

Both types of sexual harassment are illegal under FEHA and federal law, but they have different characteristics. Let’s discuss each type individually.

Defining Quid Pro Quo Sexual Harassment in California

Quid pro quo means “this for that.” This specific type of sexual harassment involves an exchange. Someone in authority demands sexual conduct. Examples include a manager, supervisor, or executive.

The demand is linked to job consequences. Accepting might lead to job benefits like a promotion or raise. Refusing might result in threats or negative actions like demotion or firing.

This harassment doesn’t always need to be explicitly stated. It can be implied. Nonverbal cues, gestures, or inappropriate physical behavior might create an implied quid pro quo situation.2

Let’s consider a few potential examples of implied quid pro quo:

Explicit quid pro quo harassment, on the other hand, involves behaviors or communications where the intention is unambiguous. Potential examples include:

Proving quid pro quo harassment presents unique challenges. These situations often occur privately, without direct witnesses. The inherent power imbalance between a supervisor and subordinate can also make proof difficult. For these reasons, consulting an experienced employment lawyer early is essential. They know how to gather and present evidence effectively.

The core legal task is showing a direct link. The unwelcome sexual conduct must be tied to a tangible employment decision or benefit. Evidence proving this link is critical. It might involve circumstantial evidence. For instance, the timing of a negative job action happening very shortly after rejecting an advance can be telling.

Supporting communications are also key pieces of evidence. Look for emails, text messages, voicemails, or notes that contain demands, threats, or promises related to sexual favors and job benefits/detriments. Testimony from coworkers can also help corroborate your experience.

Defining Hostile Work Environment Sexual Harassment

Hostile work environment harassment is the second main type of sexual harassment. It occurs due to unwelcome conduct of a sexual nature. This conduct makes the workplace intimidating, hostile, or offensive.

For the environment to be illegally hostile, it must meet two legal tests. These involve subjective and objective viewpoints.3

Subjective means you personally found the work environment hostile, abusive, or intimidating. You suffered harm as a result.

Objective means a reasonable person in your circumstances would also find the environment hostile or abusive.

Here are some examples of conduct that might contribute to a hostile work environment:

A recent court decision by the Ninth Circuit (Okonowsky v. Garland (2024) 109 F.4th 1166) clarified a more modern application of anti-discrimination laws. The case specifically involved offensive social media posts.

The court held such posts can support Title VII hostile workplace harassment claims if they target an employee because of their protected characteristics. That’s true even if the posts are made outside the workplace.

These are just examples. Whether specific conduct creates an illegal hostile work environment depends on the full context and circumstances.

To prove hostile work environment harassment, the conduct must be sufficiently severe or pervasive. This legal standard can be met in two main ways.

First, consider frequency. Was the unwelcome conduct pervasive? Repeated or ongoing incidents strongly indicate a hostile work environment. This pattern seriously impacts employee well-being and job performance.

But conduct doesn’t always need to be frequent or repeated. A single incident can be enough to create a hostile environment. The act must be serious enough by itself to significantly alter the terms and conditions of employment.

Reporting the harassment internally to your employer is usually important. This gives them a formal chance to investigate and stop the conduct.

What if your employer fails to respond promptly and effectively? They may be legally liable for the hostile environment. As we’ll discuss below, employer liability more direct if the harasser was a supervisor or manager.

Workplace Harassment Based on Protected Characteristics Other Than Sex

Federal and state laws shield employees from workplace harassment.

We’ve already discussed sex-based harassment. But, this protection applies to harassment based on other protected classes too. In addition to those recognized under federal law, California’s Fair Employment and Housing Act (FEHA) recognizes additional protected classes.

Here’s a list of all protected classes in California:

To hold an employer legally responsible for harassment, you usually need to show two key things:

What kind of conduct might qualify as discriminatory harassment? Examples include:

The harasser’s motive often matters in these cases. Sometimes discriminatory intent is obvious, such as using a racial slur. Other times, intent must be shown indirectly. Evidence might include related emails, text messages, or witness testimony.

This discriminatory conduct must also meet a legal standard. Like with hostile workplace sexual harassment, it must be severe or pervasive. The behavior needs to create a hostile, intimidating, or offensive work environment. This environment must unreasonably interfere with your ability to perform your job.

Repeated acts are more likely to qualify as illegal harassment. However, California’s Court of Appeal recently ruled that even a coworker’s one-time use of a racial slur can qualify as harassment.4

Is the Employer Responsible for a Manager or Co-Workers’ Harassing Behavior?

Understanding when an employer is legally responsible for workplace harassment is key. The rules depend on who committed the harassment.

Harassment by a supervisor or manager has strict consequences for the employer. Under California law, the employer is considered automatically responsible for harassment by supervisors or managers acting in their supervisory role.5

It usually doesn’t matter if the company knew about the harassment beforehand. This is called strict liability.

The rule is different for harassment by non-supervisory coworkers or third parties. Third parties might include customers, clients, or vendors.

In these cases, the employer is liable only if two conditions are met:

What counts as failing to take proper action? Here are some examples:

Significant delays in addressing the harassment can also lead to liability. Even if action is eventually taken, allowing harassment to continue unchecked for a period can be grounds for employer responsibility.

An employer’s lack of clear anti-harassment policies or failure to provide harassment prevention training can also contribute to liability.

Generally, it’s crucial to report harassment internally when you experience or witness it, if you feel safe doing so. Follow your employer’s established reporting procedures if available.

Reporting puts the employer formally on notice. It triggers their legal duty to investigate and take appropriate action. If they fail to respond effectively, they risk legal liability. Remember, for harassment by a supervisor, the employer’s liability is typically automatic.

How is Workplace Harassment Distinct from Employer Retaliation?

It’s important to know the difference between harassment and retaliation. These are distinct legal concepts in the workplace. They can sometimes overlap too.

Workplace harassment is unwelcome conduct. It’s based on a protected characteristic, like your race, gender, or religion. It creates a hostile or offensive work environment, as we’ve discussed.

Retaliation occurs when your employer takes negative action against you. This action is because you engaged in a legally protected activity. Examples include reporting discrimination or filing a formal complaint. Our guide to Employer Retaliation Under California Law and What to Do About It covers protected activities and retaliation in detail.

Here’s a simple way to think about it: harassment relates to who you are (your protected status). Retaliation relates to what you did (a protected action).

Can harassment sometimes be retaliation? Yes. The key is the employer’s reason (motive).

If the unwelcome conduct happens because you engaged in protected activity, that specific harassment could legally be considered retaliation.

If you’re unsure about the distinction between harassment and retaliation, or which laws apply to your situation, we can help. Don’t hesitate to contact us for a free consultation using the button below (on mobile) or above (on desktop).

Other Laws That Might Apply to Workplace Harassment Claims

What if unwelcome conduct doesn’t meet the specific legal test for harassment based on a protected class? Or the test for illegal retaliation (which we discussed earlier)? Other California laws might still offer protection. Here are three possibilities.

Violation of Health and Safety Codes

Serious bullying, intimidation, or constant unwanted attention can feel unsafe. It might create an unhealthy work environment, even if not based on a protected trait.

California requires employers provide a safe and healthy workplace. This legal duty includes protecting employees’ mental health.

Cal/OSHA enforces these workplace safety rules.6 An employer allowing severe harassing-type behavior to persist could potentially violate these safety codes. Harassment can sometimes escalate to physical threats or violence too, creating obvious safety risks.

You have the right to file a complaint with Cal/OSHA about unsafe or unhealthy work conditions. An employment lawyer can help guide you through this process if needed. Proven violations can result in employer fines or orders to fix the safety issues.

Breach of Contract

Many employment contracts contain codes of conduct, which may contain anti-harassment policies. If an employer fails to enforce these policies or allows harassment to continue, that may qualify as breach of contract.

Both parties must act fairly and honestly. An employer ignoring or inadequately addressing serious harassment could potentially breach this implied duty. A breach might support legal action.

Intentional Infliction of Emotional Distress (IIED)

This claim applies to truly extreme situations. It’s a tort claim called Intentional Infliction of Emotional Distress (IIED).

The conduct involved must be considered extreme and outrageous by reasonable community standards. It must cause severe emotional harm to the victim.

The person causing the harm must have acted intentionally or with reckless disregard for the potential emotional impact. The resulting distress must be significant, often impacting mental health and ability to work.

Proving an IIED claim is often difficult because the standard is so high. If successful, you might recover compensation for your emotional harm. Punitive damages or court orders to stop the conduct could potentially be available in egregious cases.

How to Respond if You are Impacted by Workplace Harassment in California

If you believe you’re experiencing workplace harassment in California, it’s important to understand your rights and take appropriate steps.

Consulting an experienced employment lawyer is generally the best way to do that. They can help assess your specific situation. Many offer a free initial consultation.

Look for lawyers who work on contingency. This means attorney fees are paid only if you recover compensation.

Documenting the harassment is crucial. Detailed records strengthen any potential legal claim. Focus on facts, evidence, and your personal experience.

Key things to document include:

Start documenting as soon as you recognize potential harassment, but also don’t worry if your records aren’t perfect. An attorney can often help build a case even with incomplete documentation.

Reporting the harassment internally is often a critical step. Follow your company’s reporting policy if one exists and it feels safe to do so.

This report officially notifies your employer. For harassment by coworkers or third parties, it triggers their duty to investigate and take reasonable steps to stop the harassment. (Remember: Employer liability for supervisor harassment is often automatic in California).

What if internal reporting doesn’t resolve the issue or the harassment continues or worsens? You may need to file a formal complaint externally. Options include the state CRD (California Civil Rights Department) or federal Equal Employment Opportunity Commission (EEOC). An employment lawyer can guide you through this complex process.

Finally, be aware of strict legal deadlines. These statutes of limitations limit your time to file claims. For most FEHA harassment claims, you generally must file with the CRD within 3 years of the harassing conduct.

Missing these deadlines means losing your right to seek legal remedy. Acting promptly is essential.

Damages For Victims of Workplace Harassment in California

If your employer is liable for workplace harassment, you may recover damages. California courts can award compensation for your losses and related suffering. The goal is achieving a fair outcome and deterring future misconduct.

Potential damages in California harassment cases include:

Punitive damages are sometimes available in harassment cases. These damages aren’t meant to compensate your losses directly. Instead, they serve to punish employers for particularly egregious conduct. They also aim to deter similar behavior by that employer and others.

Punitive damages require showing the employer acted with malice, oppression, or fraud. It’s a high legal standard to meet. Importantly, California’s FEHA generally doesn’t place caps on punitive damage amounts, unlike certain federal laws.

Have questions about workplace harassment or potential damages in California? We’ll help inform you of your rights. Contact us for a free, confidential consultation using the button above (desktop) or below (mobile).

Citations

1. See, i.e., Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 607 (go back)
2. See Mogilefsky v. Superior Ct. (1993) 20 Cal.App.4th 1409 (go back)
3. See Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 284 (go back)
4. See Bailey v. San Francisco District Attorney’s Office (2024) 16 Cal.5th 611 (go back)
5. See State Dep’t of Health Servs. v. Superior Ct. (2003) 31 Cal.4th 1026 (go back)
6. Cal. Lab. Code § 6400(b) (go back)