California employment lawyers
California Workplace Harassment Lawyers
Tell us what happened. Two minutes, confidential. You pay nothing unless we win.
Harassment at Work Is Illegal Under California Law
Under California’s Fair Employment and Housing Act, Government Code section 12940(j), harassment at work is unlawful when it is based on a protected characteristic: sex, race, disability, age 40 and over, religion, national origin, sexual orientation, gender identity, medical condition, and the rest of the FEHA list.
One honest thing first. Rudeness alone is not a claim. A harsh boss or a personality clash is not illegal unless the mistreatment connects to a protected trait. We say that plainly so you can tell early whether your situation fits, and if it does not, we will still point you in the right direction. If you are not sure, see what is my claim.
Does Harassment Law Apply to My Small Employer?
Yes. FEHA harassment covers employers with one or more employees, Government Code section 12940(j)(4)(A), not the five employee threshold that applies to FEHA discrimination claims. That single fact wins cases other firms turn away.
Protection is broad, too. Independent contractors, unpaid interns, and volunteers are all protected from harassment under FEHA.
FEHA damages are uncapped, with emotional distress and punitive damages carrying no Title VII style cap.
One Incident Can Be Enough: The SB 1300 Standard
Government Code section 12923, enacted by SB 1300, sets an employee friendly standard. A single incident of harassing conduct can create a triable claim if it interfered with your work performance or created an intimidating, hostile, or offensive environment.
The Legislature expressly rejected the old stray remarks doctrine, so isolated comments count as evidence. Section 12923 also declares that harassment cases are rarely appropriate for summary judgment, which means employers cannot easily get these cases thrown out before trial. In plain terms, that raises your settlement leverage, because the employer faces a real trial risk.
SB 1300 also bars employers from demanding a release of FEHA claims in exchange for a raise or bonus.
Can I Sue the Harasser Personally?
Yes. Government Code section 12940(j)(3) makes the harassing employee personally liable, regardless of whether the employer knew. A coworker’s house, savings, and wages can be on the table.
That changes the dynamics. A harasser facing personal exposure often pushes their own employer to resolve the claim.
Is There a Difference Between Harassment by a Supervisor and a Coworker?
Harassment by a Supervisor is strict liability. The company is on the hook for it even with strict policies and a perfect employee handbook.
Coworker or third party harassment, including customers and vendors: the employer is liable if it knew or should have known and failed to take immediate corrective action.
Failure to prevent harassment is its own claim under Government Code section 12940(k), and skipped SB 1343 training, mandatory at employers with five or more employees, is evidence. Under FEHA, a supervisor is someone with authority to hire, fire, discipline, or direct your daily work.
What Types of Harassment Do We Handle?
Sexual Harassment
Unwanted advances, touching, or a demand that ties your job to sex. Quid pro quo and hostile environment.
Hostile Work Environment
Slurs, mockery, or abuse based on race, disability, age, religion, or national origin.
Harassment and Retaliation
Punished after you reported it.
What Is My Harassment Case Worth?
Value depends on the severity and duration of the conduct, how the employer responded, the size of the employer, your wage loss, the strength of your emotional distress evidence, and punitive exposure. Any ranges we show are illustrative, not a prediction.
See what decides case value, average settlement data, and the claim strength calculator.
How Long Do I Have to File?
Your claim has an expiration date. Generally three years to file a complaint with the California Civil Rights Department (CRD, formerly the DFEH), the state agency that handles discrimination complaints, from the last act, then one year from the right to sue letter to file in court. The continuing violation doctrine can sometimes reach older conduct.
What to Do Right Now If You Are Being Harassed
- Write down dates, times, the words used, and witnesses.
- Save texts, DMs, and photos to a personal device, never a work account.
- Report in writing to HR or a manager, and keep a copy.
- Request your personnel file under Labor Code section 1198.5.
- Do not quit before talking to a lawyer. See constructive discharge.
- Do not sign anything. Your review is confidential, and we never contact your employer without your permission.
Find Out Where You Stand
Three questions and a phone number. An attorney reads every one, and you hear back within one business day.
Frequently Asked Questions
Do I Have to Report to HR Before I Can Sue?
No, but a written report strengthens the evidence that your employer knew, and it defeats the avoidable consequences defense. Report smart, and in writing.
Can I Be Fired for Reporting Harassment?
That is retaliation, a separate claim. See retaliation.
Can I Still Sue When the Harasser Is the Owner?
Yes. Strict liability plus personal liability. A small company owner cannot hide behind the business.
Is One Comment Enough to Sue?
Under the SB 1300 single incident standard it can be, depending on severity. One slur or one grope can qualify.
I never complained at the time. Do I still have a case?
Claims can survive silence. Fear of retaliation is understandable and can itself be part of the story.
Does Harassment Have to Be Sexual?
No. See hostile work environment.
What Does It Cost to Hire You?
We work on contingency, so there is no fee unless we win. See how our fees work.
Employment Law Resources
- California Civil Rights Department, workplace harassment under FEHA: calcivilrights.ca.gov
- Government Code section 12940, harassment, personal and employer liability, failure to prevent: leginfo
- Government Code section 12923, SB 1300 single incident and summary judgment standard: leginfo
- CRD mandatory harassment prevention training, SB 1343: calcivilrights.ca.gov/shpt
Tell Us What Happened
One business day for a response. You pay nothing unless we win.