Workplace harassment is a serious issue that affects employees across many industries. In California, the law provides strong protections against various forms of harassment in the workplace. Understanding what qualifies as workplace harassment can help you identify misconduct, protect your rights, and take the appropriate steps to hold your employer accountable.

Definition of Workplace Harassment

Workplace harassment occurs when an employee is subjected to unwelcome conduct based on a protected characteristic that creates a hostile, intimidating, or offensive work environment. California’s Fair Employment and Housing Act (FEHA) defines harassment as behavior that is severe or pervasive enough to interfere with an employee’s ability to perform their job.

Protected Characteristics Under California Law

Harassment is considered unlawful when it targets someone based on any of the following protected characteristics:

• Race or color
• Sex or gender (including pregnancy and breastfeeding)
• Sexual orientation
• Gender identity or gender expression
• Religion or religious beliefs
• Disability (mental or physical)
• Age (40 and over)
• National origin or ancestry
• Marital status
• Military or veteran status
• Medical condition or genetic information

Examples of Workplace Harassment

Workplace harassment can take many forms. Some common examples include:

• Offensive jokes, slurs, or comments about a protected characteristic
• Unwanted touching or physical advances
• Displaying inappropriate images or sending explicit messages
• Mocking or ridiculing someone’s disability, accent, or religious practice
• Threats, intimidation, or bullying behavior based on protected traits

The harasser can be a supervisor, coworker, or even a third party, such as a client or vendor.

When Is Harassment Illegal?

Not all rude or inappropriate conduct qualifies as unlawful harassment. For behavior to meet the legal definition under California law, it must be:

• Based on a protected characteristic
• Severe or pervasive enough to create a hostile work environment
• Unwelcome by the victim

One-off incidents may not meet the threshold unless they are particularly egregious. Courts will look at the frequency, severity, and impact of the behavior to determine if it is illegal harassment.

What to Do If You Experience Harassment

If you believe you are being harassed at work, consider taking the following steps:

• Document the behavior, including dates, details, and any witnesses
• Report the harassment to your supervisor or HR department
• File a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC)
• Speak with an employment law attorney about your rights and legal options

Contact a California Workplace Harassment Attorney

If you’ve been harassed in the workplace, you may be entitled to compensation for lost wages, emotional distress, and more. Our experienced California employment attorneys are here to help you understand your rights and pursue justice. We offer free consultations and a zero-fee guarantee—you pay nothing unless we win your case. Contact us today to learn more.