Workplace Harassment Claims in California (FEHA)
California's FEHA prohibits workplace harassment based on any protected characteristic. There are two types: hostile work environment harassment (unwelcome conduct that is severe or pervasive enough to alter working conditions) and quid pro quo harassment (employment benefits conditioned on submitting to unwelcome conduct). Importantly, FEHA harassment protections apply to all employers regardless of size — there is no minimum employee threshold. Individual harassers can also be held personally liable, unlike discrimination claims which only hold the employer liable.
Elements of the Claim
To succeed on this claim, you generally must establish each of the following:
- 1
Protected characteristic
The harassment was based on a protected characteristic under FEHA (race, sex, gender, disability, age, religion, etc.).
- 2
Unwelcome conduct
The harassing conduct was unwelcome — you did not solicit or invite it, and you regarded it as undesirable or offensive.
- 3
Severe or pervasive
The conduct was sufficiently severe or pervasive to alter the conditions of employment and create a hostile, intimidating, or abusive work environment. A single incident can qualify if sufficiently severe (e.g., physical assault, use of a slur by a supervisor).
- 4
Reasonable person standard
A reasonable person in the plaintiff's position, considering all the circumstances, would find the environment hostile or abusive.
- 5
Employer liability (for non-supervisor harassment)
For harassment by co-workers or third parties, the employer knew or should have known about the harassment and failed to take immediate, appropriate corrective action. For supervisor harassment, the employer is strictly liable.
Filing Deadlines
Missing a deadline can bar your claim. Act promptly and consult an attorney if deadlines are approaching.
CRD administrative complaint
3 years
Gov. Code § 12960
From the last act of harassment. Continuing harassment may extend the deadline under the continuing violation doctrine.
Right-to-sue lawsuit
1 year
Gov. Code § 12965(c)(1)(C)
After receiving a right-to-sue notice from CRD.
Frequently Asked Questions
What is the difference between hostile work environment and quid pro quo harassment?
Hostile work environment harassment involves unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create an abusive working environment — such as repeated offensive jokes, slurs, or intimidating behavior. Quid pro quo harassment occurs when a supervisor or person in authority conditions employment benefits (hiring, promotion, continued employment) on the employee submitting to unwelcome conduct, typically sexual. A single quid pro quo incident is sufficient to state a claim.
Can a single incident constitute harassment?
Yes. While hostile work environment claims often involve a pattern of conduct, a single incident can be sufficient if it is severe enough. California courts have found single incidents sufficient when they involve physical assault, use of a particularly egregious slur (especially by a supervisor), or quid pro quo demands. The more severe the individual incident, the less need to show a pattern of harassment.
Can I hold my harasser personally liable under California law?
Yes. Under FEHA, individual harassers can be held personally liable for harassment — this is a significant difference from discrimination claims, where only the employer entity is liable. This means you can sue your harasser individually, and the harasser may be required to personally pay damages including compensatory damages for emotional distress and potentially punitive damages.
What should I do if I am being harassed at work?
Document every incident with dates, times, witnesses, and details. Report the harassment to your supervisor, HR, or through your employer's complaint procedure — put it in writing. If your employer fails to act, file a complaint with the Civil Rights Department (CRD) within 3 years. Consult an employment attorney, especially if the harassment is ongoing. Do not delete any text messages, emails, or other evidence of harassment.
Is my employer required to have a harassment prevention policy?
Yes. California law requires all employers to: distribute a written harassment prevention policy, provide sexual harassment prevention training (2 hours for supervisors, 1 hour for non-supervisory employees every 2 years), and display a poster on harassment and discrimination rights. Employers with 5 or more employees must provide this training. Failure to comply does not create a standalone claim but can support a harassment case by showing the employer failed to take reasonable steps to prevent harassment.
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