By Joshua B. Nozar, Esq.
No one should dread going to work because of how they’re treated. But not every rude boss or bad day is illegal harassment. California’s Fair Employment and Housing Act (FEHA) draws the line, and it protects workers more strongly than many people realize. Here’s what counts as a hostile work environment in California, who can be held responsible, and what steps you can take.
What California Law Says About Harassment
Government Code section 12940, subdivision (j)(1) makes it unlawful for an employer, labor organization, employment agency, apprenticeship training program, or any person “to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services pursuant to a contract” based on a protected characteristic.
The protected categories include “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, or veteran or military status” (Gov. Code, § 12940, subd. (j)(1)).
The key point is that the harassment must be connected to one of these categories. General unfairness, on its own, usually isn’t enough. But mistreatment tied to who you are may be.
The “Severe or Pervasive” Standard
A hostile work environment exists when harassment is severe or pervasive enough to change your working conditions. In 2018, the Legislature added Government Code section 12923 to explain how courts should apply that standard. It says harassment creates a hostile work environment when the conduct “sufficiently offends, humiliates, distresses, or intrudes upon its victim” (Gov. Code, § 12923, subd. (a)).
The Legislature also endorsed Justice Ruth Bader Ginsburg’s concurrence in Harris v. Forklift Systems, under which “the plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment” (Gov. Code, § 12923, subd. (a)). In other words, you don’t have to show your work suffered.
One Incident Can Be Enough
Many people think harassment has to happen over and over. Not always. California law says “A single incident of harassing conduct is sufficient to create a triable issue” about whether a hostile work environment existed (Gov. Code, § 12923, subd. (b)).
“Stray Remarks” Still Count
Employers sometimes argue a comment was just a “stray remark.” The Legislature affirmed the California Supreme Court’s decision in Reid v. Google, Inc. and its “rejection of the ‘stray remarks doctrine'” (Gov. Code, § 12923, subd. (c)). A single comment, even from someone who wasn’t the decision-maker, may still be relevant evidence.
The Legislature also stated that “Harassment cases are rarely appropriate for disposition on summary judgment” (Gov. Code, § 12923, subd. (e)). That means many of these cases go to a jury instead of being thrown out early.
Examples of Conduct That May Create a Hostile Work Environment
Every case depends on its facts, but conduct that may contribute to a hostile work environment includes:
- Slurs, jokes, or insults about race, religion, national origin, age, or disability
- Unwanted touching, sexual comments, or requests for dates or sexual favors
- Offensive images, messages, or texts shared at work or in work group chats
- Mocking someone’s accent, gender expression, pregnancy, or medical condition
- Threats or intimidation tied to a protected characteristic
Sexual Harassment Doesn’t Have to Be About Desire
Harassment “because of sex” includes “sexual harassment, gender harassment,” and harassment based on pregnancy, childbirth, or related medical conditions (Gov. Code, § 12940, subd. (j)(4)(C)). The statute is clear: “Sexually harassing conduct need not be motivated by sexual desire” (Ibid.). Hostile, degrading treatment aimed at someone because of their sex can qualify even if no one was “interested” in anyone. Learn more about sexual harassment claims in California.
Who Can Be Held Responsible?
Supervisors. The California Supreme Court has held that “an employer is strictly liable under the FEHA for sexual harassment by a supervisor” (State Dept. of Health Services v. Superior Court (2003) 31 Cal.4th 1026).
Coworkers. Harassment by an employee “other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action” (Gov. Code, § 12940, subd. (j)(1)). This is one reason reporting matters.
The harasser personally. An employee can be “personally liable for any harassment prohibited by this section that is perpetrated by the employee,” whether or not the employer knew (Gov. Code, § 12940, subd. (j)(3)).
The duty to prevent. Employers also must not “fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring” (Gov. Code, § 12940, subd. (k)). Harassment often overlaps with workplace discrimination, and the law treats both seriously.
What to Do If You’re Being Harassed at Work
- Report it in writing. Send an email to HR or a manager. Describe what happened, who was involved, and when.
- Document everything. Keep a private log with dates, times, witnesses, and what was said or done.
- Keep copies. Save texts, emails, and screenshots somewhere personal, not only on a work device or account.
- Watch for retaliation. It’s illegal to punish someone for reporting harassment. Learn about retaliation claims.
- Talk to a lawyer early. A Los Angeles harassment lawyer can explain your options before deadlines pass.
How Long Do You Have to File?
Before filing a FEHA lawsuit, workers generally file a complaint with the California Civil Rights Department (CRD). For violations of Article 1 of FEHA, which includes harassment under section 12940, a complaint “shall not be filed after the expiration of three years from the date upon which the unlawful practice or refusal to cooperate occurred” (Gov. Code, § 12960, subd. (e)(5)). Some exceptions can extend this period, but don’t count on them. Act sooner rather than later.
Frequently Asked Questions
Can one comment create a hostile work environment?
It can. California law says a single incident can be enough to create a triable issue (Gov. Code, § 12923, subd. (b)). It depends on how serious the conduct was.
My boss is rude to everyone. Is that harassment?
Not usually under FEHA, unless the treatment is tied to a protected characteristic like sex, race, age, or disability.
Can I sue the person who harassed me?
Yes. An individual employee can be personally liable for harassment they commit (Gov. Code, § 12940, subd. (j)(3)).
What if I was fired after I complained?
That may be retaliation. Read Wrongful Termination vs. At-Will Employment in California to learn how the law protects you.
Talk to Nozar Law About Workplace Harassment
You deserve a workplace free from harassment. If you’re dealing with a hostile work environment, Nozar Law, APC can listen and explain your options. We offer a free case evaluation, and you pay no attorney fees unless we win. Se habla español. Call (310) 620-4400 today.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
