Workplace Harassment Laws in California: Rights & Remedies

California's FEHA, Government Code § 12965, provides significantly broader protection than federal law and applies to employers with just five or more employees—a substantially lower threshold than federal law's 15-employee requirement. Under the FEHA, harassment is prohibited based on a much wider range of protected characteristics including race, color, religion, sex, gender identity, gender expression, sexual orientation, national origin, ancestry, disability, genetic information, marital status, military or veteran status, and political activities or affiliations. California treats harassment as an independent cause of action and does not require that the harassment be "severe or pervasive"—a single incident of harassment can violate the FEHA if it is based on a protected characteristic and is unwelcome and offensive to a reasonable person. The state also protects employees from retaliation for reporting harassment, filing complaints, or participating in investigations.

California permits you to file a complaint with the California Civil Rights Department (CRD, formerly the Department of Fair Employment and Housing) within one year of the most recent harassment incident, and you also have the right to sue your employer directly in court without exhausting administrative remedies first. Unlike federal law, California does not require you to obtain a right-to-sue letter before filing a civil lawsuit. Remedies under California law include compensatory damages for emotional distress, lost wages, damage to reputation, and medical expenses, plus punitive damages if the employer's conduct was malicious, oppressive, or reckless (Civil Code § 3294). The CRD's enforcement carries the same weight as federal EEOC investigations, and the state's Department of Industrial Relations may also become involved if the harassment involves safety violations. Additionally, California Labor Code § 1102.5 provides whistleblower protection if the harassment is connected to reporting unsafe workplace conditions.

California's harassment prohibition does not protect conduct unrelated to a protected characteristic—for example, general rudeness, personality conflicts, or unfair management practices that do not target someone based on race, sex, disability, or another protected class are not harassment under the FEHA. Harassment based solely on job performance, work quality, or non-protected personal characteristics (such as being short-tempered or disorganized) does not violate the law, even if the conduct is severe. The "at-will employment" doctrine still applies in California, meaning an employer can generally terminate an employee for any reason that is not illegal; however, termination in retaliation for reporting harassment is illegal under Labor Code § 1102.5 and the FEHA.

Employers have a partial defense if they took reasonable steps to prevent harassment and promptly remedied the harassment when they became aware of it (Government Code § 12965(b)). However, this defense is narrowly construed in California and does not shield the employer from liability if the harassment was severe or the employer failed to investigate. If the harasser is a non-employee (such as a customer, vendor, or contractor), the employer is still liable if it knew or should have known of the harassment and failed to take appropriate corrective action. Independent contractors and volunteers may or may not be covered as "employees" depending on the nature of their relationship to the employer and the degree of control the employer exercises.

Union-represented employees can file harassment complaints separately from union grievance procedures; filing a complaint does not waive union rights. Small businesses with fewer than 5 employees are not covered by the FEHA but may still be subject to Title VII if they meet federal thresholds, and California Labor Code § 6310 protects any employee (regardless of employer size) who reports unsafe workplace conditions.

Step 1: Document Everything. Keep a detailed record of each harassment incident, including the date, time, location, who was present, what was said or done, and how it made you feel. Save all written communications (emails, texts, messages, notes) related to the harassment. Document your immediate response and any injuries or impacts (missed work, medical visits, counseling). Take screenshots of messages if they are on digital platforms. Keep this record in a personal file at home, not just on work devices.

Step 2: Report Internally First (Required for Some Employers). California employers with 50+ employees are required to have a written anti-harassment policy and complaint procedure (Senate Bill 1343). File a formal complaint with your HR department or manager, or follow the company's designated complaint process. Request written confirmation that your complaint was received and document the date. Keep copies of your complaint and any response. Note that reporting internally does not waive your right to file with the CRD or sue in court, and retaliation for internal reporting is illegal.

Step 3: File with the California Civil Rights Department (CRD). You have 1 year from the most recent harassment incident. Visit the CRD website at dfeh.ca.gov and submit a complaint online, by mail, or by phone at 1-844-234-DFEH (1-844-234-3334). Provide your name, address, contact information, employer's name and address, description of the harassment, dates, names of witnesses, and any documentation. You do not need an attorney to file. The CRD will assign an investigator and notify the employer of the complaint within 10 business days.

Step 4: The Investigation Process. The CRD's investigator will contact you and the employer to gather information, interview witnesses, and review documents (typically 30–120 days, though it can extend longer). You will likely be asked to provide additional details and documentation. The employer will be given an opportunity to respond. You may request an extension if you need more time to gather evidence. After investigation, the CRD will issue a "Determination" (finding of probable cause or no probable cause). If the CRD finds probable cause, they may attempt mediation between you and the employer. If mediation fails or the employer does not cooperate, the CRD can issue a right-to-sue letter, and you can file a civil lawsuit within one year of receiving it.

Step 5: Consult an Attorney (Optional but Recommended). Consider consulting an employment law attorney if the harassment is severe, the employer has retaliated against you, or the CRD's process is slow. You may also sue directly in California Superior Court without filing with the CRD first, which some employees prefer if they want faster resolution or larger damages. Many employment attorneys work on contingency (payment only if you win), and attorney's fees are recoverable under California law if you prevail (Government Code § 12965(b)). An attorney can help you assess your claim, gather evidence, negotiate with the employer, and represent you in court or mediation.