Workplace Harassment: The Basics

California law protects you from harassment at work because of who you are — and you do not have to put up with it.

What counts as harassment

Harassment is unwelcome conduct aimed at you because of a protected characteristic. Under California's Fair Employment and Housing Act, that includes your race, religion, national origin, ancestry, disability, medical condition, sex, gender, gender identity or expression, age, sexual orientation, and more (Government Code § 12940(j)). It can be slurs, unwanted touching, sexual advances, threats, or constant "jokes" that target who you are.

The legal test asks whether the conduct was severe or pervasive. That "or" matters. A single serious incident can be enough — California law says so directly (Government Code § 12923). You do not have to show that your work suffered. You do not have to prove a psychological injury. If the harassment made your workplace intimidating or hostile, the law is on your side.

Who is protected

More people than you might think. The law covers (Government Code § 12940(j)):

• Employees and job applicants
• Unpaid interns and volunteers
• Independent contractors and others working under a contract

You do not need to be a full-time or long-term worker to be protected.

Who is responsible

If the harasser is your supervisor, the employer itself is responsible for the harassment. If the harasser is a coworker or another non-supervisor, the employer is responsible when it knew — or should have known — about the conduct and failed to take immediate action to stop it (Government Code § 12940(j)). Reporting harassment to HR or a manager matters: it puts the company on notice.

Punishing you for reporting is a separate violation. Firing, demoting, or cutting the hours of a worker who complained about harassment, or who helped in someone else's complaint, is illegal retaliation (Government Code § 12940(h)).