Harassment at work can take different forms and the law is most concerned with whether the behavior targets protected traits and interferes with someone’s ability to do their job. Harassment laws also look at how the behavior is received, not whether it was meant as a joke or "part of the culture." The law also doesn’t limit harassment protection to only sexual conduct or repeated comments. One serious harassment incident may be enough, if it crosses the line.
If it affects your work environment, and it's tied to race, sex, disability, or another protected category, it falls within the scope of California’s workplace harassment laws.
Employers are required by law to shoulder specific responsibilities, including prevention, training, and the way they respond when someone speaks up.
FEHA (The Fair Employment and Housing Act) is what makes workplace harassment illegal in California. FEHA covers things like race, disability, religion, sex, and gender identity and generally can apply to employees, applicants, unpaid interns or volunteers, and contractors. FEHA prohibits harassment in all workplaces, even those with less than five employees.
When a supervisor engages in harassment, the employer is automatically responsible, even if they weren't aware of the conduct. If it’s a coworker or vendor, it depends on whether the employer knew about it or had enough reason to know and didn’t act.
The key is whether the harassment changed the environment in a way that made it harder to do your job.
The person who committed the harassment can also be held personally liable which can apply whether or not the employer is also responsible. Also, it doesn’t depend on whether the harasser is a supervisor.
FEHA protects people from harassment based on personal traits already covered under federal law, but it also goes further and extends protections to areas like gender expression, marital status, medical history, and even decisions about reproductive health.
Here’s what FEHA includes:
There are also protections against harassment based on how someone is perceived, even if the assumption is wrong. For example, being treated differently because of being connected to someone in a protected class, like a family member with a disability, or a partner of a certain race.
Section 11019(b) comes from California’s Title 2 regulations and is used to interpret FEHA and gives specifics about when workplace harassment has crossed the legal line. It doesn’t redefine the law, it just gets more specific about how it’s applied.
11019(b) articulates that it isn’t on how the person meant the behavior, but how someone on the receiving end would experience it, especially if they share the same background or protected trait. The law takes context into account, what was said, who it was said to, and what the workplace environment is like for that person.
It also makes clear that harassment isn’t limited to what’s verbal or physical, but can also show up through isolation, constant put-downs, or targeting someone in subtle ways that gradually degrade their work environment, if those behaviors are tied to race, sex, disability, or another protected trait.
Harassment prevention training is required in any California workplace with five or more workers and the count generally includes employees, independent contractors, and seasonal or temporary workers. Only supervisory and non-supervisory employees are actually required to complete the training.
Supervisors complete two hours of training, and all other workers have to receive one hour. A new round of training is required every two years. The topics that need to be covered in the trainings sexual harassment and have to include gender identity, gender expression, sexual orientation, reporting procedures, and retaliation.
New hires have six months to complete the training after joining the company. Anyone who starts supervising others also has six months to get trained. Seasonal or short-term workers have to be given training within 30 days or before reaching 100 hours on the job.
Employers are responsible for making training available, making sure there is time during the workday, as well as paying any associated costs. Employees should not have to cover the cost or complete trainings outside regular hours.
Sexual Harassment in Business or Professional Relationships (Civil Code § 51.9)
When it comes to sexual harassment, California allows someone to bring a case even when they aren’t working for the other person. Civil Code § 51.9 applies when there’s a business or professional relationship, and one side has enough control that the other doesn’t feel like they can just walk away.
The relationship could be short-term or informal and it doesn’t need to involve a contract, a paycheck, or a job title. If one person has influence over access to something the other needs, and uses that position to push boundaries, the law may apply.
A person doesn’t have to file a complaint with the Civil Rights Department before going to court if the situation fits what’s covered in the statute, but the case also has to show that the harassment caused either a financial loss or a personal injury.
In addition to protecting against direct harassment, California law also protects the people who report it. Gov. Code § 12940(h) makes it illegal to punish someone for speaking up, no matter if they filed the complaint themselves or helped someone else with theirs.
Protection also extends to anyone who participates in an investigation. "Participating" could mean giving a statement, backing up a coworker, or even just being asked questions during the process. Some examples of retaliation actions could include things like job loss, schedule changes, demotion, or being cut out of meetings and decisions.
Labor Code § 1102.5 also applies when someone reports harassment, or any unlawful behavior, to a supervisor or a government agency.
It doesn’t matter if the report leads to a formal case or turns out not to be provable, whistleblower protections still apply. There may also be fines issued and workers may have the right to sue if they’ve been retaliated against. The law also protects family members of the person who made the report, if they are targeted as a result.
A complaint can be filed by the person who experienced the harassment and can include employees, applicants, interns, and sometimes contractors, depending on how the work relationship was structured. California doesn't require the person to still be employed when they file.
The CRD accepts filings through an online portal, by mail, or over the phone. A lawyer is not required, but the person filing is expected to know what information to provide and how to meet all the deadlines. The CRD won't guide the process or give any advice about what to include.
The general deadline is three years from the last act, and even though there are a few exceptions, they are narrow and usually not granted. A late complaint without a valid exception is will probably be dismissed without review.
A harassment case can't be filed in court until a complaint has gone through the CRD, either in the form of a request for investigation or a request for a right-to-sue letter. One or the other has to happen first or the lawsuit won't proceed.
After a complaint is accepted, the CRD might ask the employer for documents or a written response and could also reach out to witnesses or suggest a settlement. Sometimes the file is closed with no further action. The CRD isn't required to pursue a case just because a complaint was submitted.
The filing sets the foundation for the case, so if the complaint is incomplete or unclear, fixing that after the fact may not be possible. The CRD doesn't act as an advocate and won’t correct any mistakes. When our team prepares the filing, we control how the facts are presented and avoid issues that can block a case later. Working with us gives you the best chance of a successful case.
If a person loses a job, misses out on a raise, or sees their pay reduced because of how they were treated, they may be able to recover the difference. Recovery might include missed wages, bonuses, or other pay. Loss of stock or health benefits can sometimes be included.
Stress, anxiety, and other fallout from what happened at work can be part of the case. A medical diagnosis isn't necessarily required, just what the person experienced and how it affected their life.
Reinstatement may be possible in some cases, but whether that makes sense depends on how the job ended and whether returning is realistic.
Extra damages may be awarded when the conduct was deliberate or the employer let it continue after being told. Additional damages aren’t automatic and only apply when the facts justify them.
Unlike federal law, California does not place a cap on emotional distress or punitive damages under FEHA, regardless of the employer’s size.
Employers can be ordered to pay attorney fees when the case succeeds. Fees might include things like time spent preparing the case, working through discovery, or bringing it to a resolution.
Filing the complaint gets the process started, but it doesn’t build anything unless it’s done right. If the facts are missing or misphrased, there may be no way to recover from that later.
The Law Offices of Jeremy Pasternak doesn’t treat the CRD stage like a formality. We use it to put the case in the strongest possible position before it ever reaches court. The work we do early on can protect the case from problems that would otherwise shut it down before it starts.
Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this content does not create an attorney-client relationship with The Law Offices of Jeremy Pasternak. Employment law varies by state and situation, and legal outcomes depend on specific facts and applicable laws. While we make every effort to ensure accuracy, laws change, and unintended errors or omissions may occur. For advice on your particular circumstances, consult an attorney.
