📋 What is Workplace Harassment?
Workplace harassment occurs when an employee is subjected to unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create a hostile, intimidating, or offensive work environment. California's Fair Employment and Housing Act (FEHA) provides some of the strongest workplace harassment protections in the nation.
When to Use This Guide
Use this guide if you have experienced harassment at work based on:
👫 Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature
😬 Hostile Work Environment
Pervasive offensive conduct that interferes with your ability to perform your job
🔒 Quid Pro Quo
Job benefits conditioned on submission to sexual demands or other unwelcome conduct
🚫 Retaliation
Adverse actions taken against you for reporting harassment or participating in investigations
Protected Characteristics Under FEHA
California law prohibits harassment based on:
- Race, color, ancestry, national origin
- Religion, creed
- Sex, gender, gender identity, gender expression
- Sexual orientation
- Marital status
- Age (40 and over)
- Disability (physical or mental)
- Medical condition, genetic information
- Military or veteran status
- Reproductive health decision-making
👍 What You Can Recover in Harassment Cases
- Lost wages and benefits - Past and future earnings you lost due to harassment
- Emotional distress - Mental anguish, humiliation, and psychological harm
- Punitive damages - Additional damages to punish egregious conduct
- Attorney fees and costs - Recoverable if you prevail
- Reinstatement - Return to your position if terminated
Types of Workplace Harassment
👫 Sexual Harassment
▼Includes unwanted sexual advances, requests for sexual favors, sexually suggestive comments, displaying sexually explicit materials, physical touching, and other conduct of a sexual nature that creates a hostile environment or affects employment decisions.
😬 Hostile Work Environment
▼Occurs when harassment based on a protected characteristic is severe or pervasive enough to alter the conditions of employment and create an abusive working environment. A single severe incident can be enough, or multiple less severe incidents that are pervasive.
🔒 Quid Pro Quo Harassment
▼"This for that" harassment where job benefits (hiring, promotion, raise, favorable assignments) are conditioned on submission to unwelcome conduct, or where refusal results in negative employment consequences. Typically involves a supervisor or someone with authority over employment decisions.
🚫 Retaliation
▼Adverse employment actions taken against an employee for opposing harassment, filing a complaint, or participating in an investigation. Retaliation is independently actionable even if the underlying harassment claim is unsuccessful.
⚠ Time is Critical
You must file a complaint with the Civil Rights Department (CRD) within 3 years of the last act of harassment. After receiving a Right to Sue notice, you have 1 year to file a lawsuit. Do not delay - act quickly to preserve your rights.
⚖ Legal Basis
California provides some of the strongest workplace harassment protections in the country. These statutes and regulations support your claim.
Key California Statutes
Government Code Section 12940(j)
Makes it unlawful for an employer to harass an employee based on any protected characteristic. Importantly, employers are strictly liable for harassment by supervisors. For coworker harassment, employers are liable if they knew or should have known and failed to take immediate corrective action.
Government Code Section 12940(k)
Requires employers to take reasonable steps to prevent and promptly correct harassment. This includes implementing anti-harassment policies, providing training, and establishing complaint procedures.
Government Code Section 12940(h)
Prohibits retaliation against employees who oppose harassment, file complaints, or participate in investigations. Retaliation protections extend to witnesses and those who assist others in asserting their rights.
Civil Code Section 51.9
Provides additional remedies for sexual harassment in professional relationships, including attorney-client, doctor-patient, and other fiduciary relationships.
Elements You Must Prove
- Protected characteristic - Harassment was based on a characteristic protected by FEHA
- Unwelcome conduct - The conduct was unwanted and offensive to you
- Severe or pervasive - Conduct was severe enough or frequent enough to alter work conditions
- Employer liability - Employer is responsible (strict liability for supervisors; negligence for coworkers)
- Damages - You suffered harm as a result of the harassment
Employer Liability Standards
👷 Supervisor Harassment
Strict liability - Employer is automatically liable for harassment by supervisors, regardless of whether they knew about it or took corrective action.
👥 Coworker Harassment
Negligence standard - Employer is liable if they knew or should have known about the harassment and failed to take immediate and appropriate corrective action.
👤 Third-Party Harassment
Knew or should have known - Employer may be liable for harassment by customers, vendors, or contractors if they failed to take reasonable steps to protect employees.
💡 The "Severe or Pervasive" Standard
California uses a totality of circumstances test. Courts consider the nature of the conduct, frequency, severity, whether it was physically threatening or humiliating, and whether it unreasonably interfered with work performance. A single incident of extreme severity (such as physical assault) can be enough.
✅ Evidence Checklist
Gather these documents and evidence before sending your demand letter. Click to check off items as you collect them.
📄 Employment Documents
- ✓ Offer letter, employment contract, or job description
- ✓ Employee handbook and anti-harassment policy
- ✓ Performance reviews and evaluations
- ✓ Pay stubs and benefits information
📩 Harassment Documentation
- ✓ Written record of each incident (dates, times, locations, witnesses)
- ✓ Emails, texts, voicemails, or notes from harasser
- ✓ Photos of offensive materials or physical evidence
- ✓ Names and contact information for witnesses
📣 Complaints and Reports
- ✓ Internal HR complaints and responses
- ✓ Written reports to supervisors or managers
- ✓ Investigation reports and findings
- ✓ Any disciplinary actions (or lack thereof) against harasser
💊 Damages Evidence
- ✓ Medical records, therapy records, prescriptions
- ✓ Lost wages documentation (if terminated or reduced hours)
- ✓ Evidence of job search efforts (if applicable)
- ✓ Journal entries documenting emotional impact
🔒 Preserve All Evidence
Keep originals of all documents in a safe place outside of work. Forward work emails to your personal email. Screenshot text messages. If you believe your employer may destroy evidence, consider sending a litigation hold letter immediately.
💰 Calculate Your Damages
In harassment cases, you can recover substantial compensation. California has no cap on damages for harassment claims against private employers.
| Category | Description |
|---|---|
| Lost Wages (Past) | Wages, bonuses, and benefits lost from termination, demotion, or forced resignation |
| Lost Wages (Future) | Projected future earnings loss, including career damage and diminished earning capacity |
| Emotional Distress | Mental anguish, anxiety, depression, humiliation, loss of enjoyment of life |
| Medical Expenses | Therapy, counseling, medication, and treatment costs |
| Punitive Damages | Additional damages to punish employer's malicious, oppressive, or fraudulent conduct |
| Attorney Fees | Recoverable if you prevail on your FEHA claim |
💰 No Damage Cap for Private Employers
Unlike federal law, California FEHA has no cap on compensatory or punitive damages for harassment claims against private employers. Juries can award whatever amount they determine is appropriate based on the evidence.
📊 Sample Damages Calculation
Example: Supervisor Sexual Harassment Leading to Constructive Discharge
💡 Damages Depend on Your Facts
The example above illustrates potential in a serious case. Your actual recovery depends on the severity of harassment, impact on your career and mental health, and quality of evidence. Cases involving physical assault or years of severe harassment can result in even higher awards.
📝 Sample Language
Copy and customize these paragraphs for your demand letter.
🚀 Next Steps
What to do after sending your demand letter.
Expected Timeline
Days 1-7
Employer receives and reviews your letter with legal counsel
Days 7-21
Internal investigation or response preparation
Days 21-30
Response with settlement offer, counteroffer, or denial
CRD Complaint Process
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File a Complaint with CRD
You can file online at calcivilrights.ca.gov. The complaint must be filed within 3 years of the last harassing act. You can request an immediate Right to Sue letter or have CRD investigate.
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CRD Investigation (if requested)
CRD will investigate your complaint, interview witnesses, and review documents. This process can take 6-12 months or longer.
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Right to Sue Letter
Once you receive this letter, you have 1 year to file a lawsuit in Superior Court. Request an immediate Right to Sue if you want to proceed directly to litigation.
If They Don't Settle
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Consult an Employment Attorney
Many employment attorneys work on contingency (no fee unless you win). FEHA allows you to recover attorney fees if you prevail.
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File CRD Complaint
File your administrative complaint to preserve your rights and obtain a Right to Sue letter.
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File Lawsuit
Harassment cases are filed in California Superior Court. Discovery will reveal additional evidence and may lead to settlement.
Need Legal Help?
Harassment cases are emotionally difficult and legally complex. Get a 30-minute strategy call with an employment attorney to evaluate your case and discuss next steps.
Book Consultation - $125California Resources
- Civil Rights Department (CRD): calcivilrights.ca.gov - File complaints, resources
- CRD Hotline: 1-800-884-1684 (voice) / 1-800-700-2320 (TTY)
- EEOC (Federal): eeoc.gov - Dual-file federal complaints
- State Bar Lawyer Referral: calbar.ca.gov
- Legal Aid at Work: legalaidatwork.org - Free consultations for low-wage workers