Workplace harassment can transform a once-enjoyable job into a daily struggle. At Smith Law, we see clients daily who face hostility, discrimination, and unwelcome conduct at work. California offers some of the strongest legal protections in the nation for workers experiencing harassment, yet many employees remain unaware of their rights.
Are you experiencing uncomfortable situations at work but unsure if they qualify as harassment? Do you wonder what steps you should take to protect yourself? This blog will walk you through California’s workplace harassment laws, the protections available to you, and how our team at Smith Law can help you assert your rights and seek justice.
What Constitutes Workplace Harassment in California?
California law defines harassment more broadly than federal standards. Do you know the difference between illegal harassment and merely unpleasant workplace behavior?
Harassment in California falls into two main categories:
- Quid pro quo harassment occurs when employment benefits are tied to submission to unwelcome sexual advances or requests. Has a supervisor ever implied that your job status depends on accepting their advances? This creates a clear legal violation.
- Hostile work environment harassment happens when unwelcome conduct based on protected characteristics becomes severe or pervasive enough to create an intimidating, hostile, or offensive work environment. This can include offensive jokes, slurs, intimidation, mockery, insults, or physical assaults.
California protects workers from harassment based on numerous characteristics, including:
- Race, color, and national origin
- Sex, gender identity, and sexual orientation
- Religion
- Age (40 and above)
- Disability (physical or mental)
- Medical conditions
- Marital status
- Military or veteran status
What makes California’s protections exceptional? Unlike federal law, California extends harassment protections to independent contractors, unpaid interns, and volunteers.
Your Legal Rights Against Workplace Harassment
We want you to know that California gives you robust legal protections. The Fair Employment and Housing Act (FEHA) provides stronger safeguards than federal laws.
How does California law differ from federal protections? For starters, California harassment laws apply to employers with five or more employees (compared to 15 under federal law). The standard for proving harassment is also more employee-friendly in California.
While federal law requires harassment to be “severe or pervasive,” California courts have established that harassment need only make the workplace environment “less favorable” than it would be without the harassment.
Additionally, California law holds employers strictly liable for harassment conducted by supervisors. This means if your supervisor harasses you, the company bears responsibility even if they were unaware of the behavior.
Steps to Take if You Experience Workplace Harassment
Facing harassment can feel overwhelming. What should you do if you believe you are being harassed at work?
- Document everything. Keep detailed records of each incident, including dates, times, locations, what happened, what was said, and who witnessed it. Save any related emails, messages, or other evidence.
- Report the harassment. Follow your employer’s procedure for reporting harassment. This typically involves notifying your supervisor or the Human Resources department. Make your report in writing and keep a copy.
- File a complaint with government agencies. You can file with the California Civil Rights Department (CRD) within three years of the incident. This preserves your right to sue later if necessary.
- Consider legal action. California law allows you to pursue various remedies, including compensation for lost wages, emotional distress, punitive damages, and attorney fees.
Remember, retaliation for reporting harassment is illegal under California law. Your employer cannot punish you for making a good-faith complaint about harassment.
Employer Responsibilities in Preventing Harassment
Did you know that California employers have specific legal obligations to prevent harassment?
All California employers with five or more employees must provide harassment prevention training. Supervisors must receive two hours of training every two years, while non-supervisory employees must receive one hour.
Employers must also:
- Develop and distribute written harassment policies
- Create clear procedures for reporting and investigating complaints
- Take immediate and appropriate corrective action when harassment occurs
- Protect employees from retaliation for reporting harassment
Has your employer failed to meet these obligations? This failure may strengthen your harassment claim.
Common Workplace Harassment Scenarios
Harassment takes many forms in California workplaces. Some common scenarios we see include:
- Sexual harassment can range from unwelcome advances or comments about appearance to sharing inappropriate materials or unwanted touching. Even seemingly “mild” comments can constitute harassment if they create a hostile environment.
- Racial harassment includes racial slurs, offensive jokes, or differential treatment based on race or ethnicity. California’s diverse workforce deserves protection from such conduct.
- Age-based harassment affects many older workers who face demeaning comments about their age, technology skills, or retirement plans. This treatment violates California law.
- Disability harassment includes mocking someone’s disability, excluding them from work activities, or refusing reasonable accommodations. California provides strong protections against such behavior.
The Timeline for Filing a Workplace Harassment Claim
Time matters when addressing workplace harassment. California gives you three years from the date of harassment to file a complaint with the Civil Rights Department (CRD). This extended timeline (longer than the federal 180-day limit) gives you more time to consider your options.
After filing with the CRD, you will receive a “right to sue” notice. From there, you have one year to file a lawsuit in civil court.
Missing these deadlines can prevent you from seeking justice, so acting promptly offers the best protection for your rights.
How Smith Law Can Help You
Handling workplace harassment claims requires legal experience. At Smith Law, we specialize in workplace harassment cases throughout California. Our team can help you:
- Evaluate the strength of your case
- Gather and preserve evidence
- File necessary complaints with government agencies
- Negotiate settlements with employers
- Litigate your case in court if necessary
We understand the emotional toll harassment takes on victims. Our California employment law attorneys provide compassionate guidance while aggressively advocating for your rights.
Seek Legal Help
No one should endure harassment at work. California offers robust legal protections, but asserting these rights often requires legal guidance. At Smith Law, we have helped countless California workers hold employers accountable for harassment and create safer workplaces for everyone.
Are you experiencing harassment at work? Do not wait until the situation worsens or time runs out to seek help. Contact our experienced employment attorneys at 866-608-8003 for a confidential consultation. We will listen to your story, explain your legal options, and help you decide the best path forward.
