Workplace Harassment in California
About this article
Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Primary statute: Cal. Gov. Code §§ 12940(j), 12923
How California differs from federal law
FEHA Harassment — Lower Bar Than Federal Title VII
California workplace harassment claims live under the Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940(j), and are materially easier to plead and survive than federal Title VII claims. The single biggest reason: SB 1300 (2018) added § 12923, which codifies a far more plaintiff-friendly evidentiary standard than the federal "severe or pervasive" case law.
- § 12923(a) — single-incident sufficiency: "A single incident of harassing conduct is sufficient to create a triable issue" if it interferes with the employee's work performance or creates a hostile environment under a reasonable person standard. This explicitly rejects the federal pattern of throwing out cases for not enough incidents.
- § 12923(b) — context matters: Courts must consider the totality of circumstances; a single incident of an egregious slur is sufficient even if it occurs once.
- § 12923(c) — harassment can be hostile even outside formal work hours: Texts, emails, and conduct at work-related events count.
- § 12923(e) — summary judgment is the exception, not the norm: The Legislature explicitly stated that harassment cases "are rarely appropriate" for summary judgment.
- Individual supervisor liability: Under FEHA, supervisors can be personally liable for harassment they participate in — unlike federal Title VII, which limits liability to the employer.
- 5-employee threshold for the employer's harassment-liability count under § 12940 (lower than Title VII's 15-employee threshold).
The Statute of Limitations — AB 9 Extended It
AB 9 (2019) extended the FEHA limitations period from 1 year to 3 years to file a complaint with the Civil Rights Department (CRD, formerly DFEH). After CRD issues a right-to-sue letter, you have an additional 1 year to file in Superior Court. That gives most California employees a full 4-year window from the harassing conduct to file suit.
Silenced No More + Confidentiality Limits
- SB 820 (2018): Confidentiality / non-disclosure clauses in settlements of sex-based harassment, discrimination, or retaliation claims are void. The employee can still ask for confidentiality of the dollar amount.
- SB 331 — Silenced No More Act (2022): Extends the prohibition to all FEHA-protected characteristic claims (race, gender, sexual orientation, religion, etc.). Pre-dispute NDAs banning discussion of harassment are unenforceable.
- AB 749 (2020): Employers cannot include "no-rehire" provisions in settlement agreements following sexual harassment or assault claims.
Damages Available
Compensatory damages (lost wages, emotional distress) uncapped; punitive damages available; attorneys' fees and costs under § 12965(b). FEHA explicitly authorizes recovery for emotional distress without expert testimony in single-incident harassment cases following SB 1300.
Additional Steps in California
File a CRD complaint at calcivilrights.ca.gov within 3 years of the last harassing incident. Request an immediate right-to-sue letter if you want to skip CRD investigation and proceed directly to Superior Court (most experienced plaintiff-side employment counsel do this). You have 1 year from the right-to-sue letter to file. Document everything: dates, witnesses, screenshots of texts/emails, your written complaints to HR. Even one egregious incident is sufficient under § 12923(a) — but a documented pattern survives the rare summary-judgment motion easily.
Relevant Law: Cal. Gov. Code § 12940(j) (FEHA harassment); § 12923 (SB 1300 evidentiary standard); § 12965(b) (fees); § 12960 (CRD complaint procedure as amended by AB 9, 3-year SOL); Cal. Code Civ. Proc. § 1001 (SB 820 bar on NDA in harassment settlements); SB 331 (Silenced No More Act); AB 749 (no-rehire ban)
Federal baseline: Workplace Harassment nationwide
What is this right?
Workplace harassment didn't always have a name. Meritor Savings Bank v. Vinson (1986) was the Supreme Court case that finally recognized hostile-work-environment sexual harassment as a Title VII violation — before that, courts mostly treated it as a personal problem. The standard the Court set still controls: harassment becomes illegal when it's severe or pervasive enough to alter your conditions of employment, or when putting up with it becomes a de facto condition of keeping your job.
The protection covers harassment based on race, color, religion, sex (including sexual harassment, sexual orientation, and gender identity after Bostock), national origin, age 40+, disability, and genetic information. Both supervisors and coworkers can be the harasser, and customers count too in some contexts. Your employer can be held legally liable when they knew — or should have known — and didn't stop it.
When does it apply?
Harassment is illegal under federal law when:
- It is based on a protected characteristic (race, sex, religion, national origin, age, disability)
- It is severe or pervasive enough to create a hostile work environment
- It is unwelcome (you did not invite, encourage, or participate willingly)
- A "reasonable person" in your situation would find the environment hostile or abusive
Sexual harassment specifically includes:
- Quid pro quo: offering job benefits in exchange for sexual favors, or threatening consequences for refusal
- Hostile work environment: unwanted sexual advances, explicit materials, sexual comments or jokes that are pervasive
Common misconceptions:
- "It was just a joke" — Intent doesn't matter. Harassment is determined by the impact on the victim, not the intent of the harasser.
- "It only counts if it's sexual" — Racial slurs, religious mockery, and age-based comments all qualify as harassment.
- "One incident can't be harassment" — A single severe incident (especially sexual assault) can be enough without being "pervasive."
What to Do If You're Being Harassed at Work
Step 1: Tell them to stop, if it's safe. Clearly saying the behavior is unwelcome — even by email — kills the "she seemed fine with it" defense before it ever gets raised. If direct confrontation isn't safe, skip to Step 2.
Step 2: Report in writing through your company's process. Email HR or your manager. If your manager is the harasser, go to HR or that manager's boss. Keep copies of everything you send and any response.
Step 3: Keep a harassment log. Date, time, location, what was said or done, witnesses, and how it affected your work. Store it on a personal device or at home — never on company systems.
Step 4: File with the EEOC if internal reporting fails. You have 180 days from each act of harassment (300 days in states with a corresponding state agency). It's free. Call 1-800-669-4000 or file at eeoc.gov.
What should you NOT do?
Don't wait it out. Harassment usually escalates when it's ignored. Quiet endurance also weakens your case — defense lawyers point to the gap as evidence the conduct "wasn't that bad."
Don't confront aggressively. Calm, factual, in writing. Yelling or threatening the harasser hands your employer a non-discriminatory reason to discipline you.
Don't report only verbally. Verbal reports vanish. Always send a follow-up email recapping what you said and when.
Don't let HR's "investigation" eat your EEOC clock. The 180/300-day window keeps running while HR investigates. File with the EEOC anyway to preserve your rights — you can always settle internally later.
California's FEHA covers single-incident harassment claims (§ 12923 / SB 1300), permits personal supervisor liability, applies to 5+ employee workplaces, and gives a 3-year window via AB 9 — far broader than federal Title VII.
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