California Workplace Harassment Laws: What Counts & How to Report

Understanding the Stakes: Why California Harassment Laws Matter

In the California workplace, protecting employees from harassment isn’t optional-it’s mandated by some of the strictest and most comprehensive harassment laws in the country. Governed primarily by the California Fair Employment and Housing Act (FEHA), these rules place a legal obligation on employers to prevent, investigate, and address all forms of harassment, including sexual harassment, psychological abuse, and discrimination based on protected characteristics.

Whether you’re in human resources, a small business owner, a compliance officer, or an employee seeking clarity, understanding these California work harassment laws is critical to protecting employee rights and ensuring legal compliance.

What Is Considered Harassment at Work in California?

Legal Framework: FEHA and the Civil Rights Act

Harassment in the workplace is defined under both federal law (notably Title VII of the Civil Rights Act) and California law (through FEHA, codified in California Government Code §12900 and beyond). While federal statutes apply broadly, California’s regulations go deeper, providing more expansive protections.

Protected Characteristics Under California Law

The Fair Employment and Housing Act outlaws harassment based on these protected characteristics:

• Race, color, or national origin
• Religion
• Sex, gender, gender identity, or gender expression
• Sexual orientation
• Marital status
• Mental disability or physical disability
• Medical condition
• Genetic information
• Veteran status or military service
• Age (over 40)

These state laws ensure that harassment tied to any of these categories is unlawful-even if the employer did not intend harm.

Forms of Harassment in the California Workplace

Harassment in the workplace can take many shapes and forms, often manifesting in ways that are subtle, persistent, and difficult to document. Understanding the specific behaviors and categories that qualify as harassment is crucial not just for legal compliance, but also for fostering a respectful and inclusive work environment. California law recognizes a wide spectrum of inappropriate and unlawful conduct, and being able to identify these behaviors is the first step in prevention and resolution.

California recognizes several types of harassment:

1. Verbal Harassment

Includes slurs, epithets, offensive jokes, derogatory comments, or verbal abuse based on a protected trait.

2. Physical Harassment

Unwanted touching, blocking movement, and other physical harassment that interferes with someone’s dignity or safety.

3. Visual Harassment

Offensive posters, texts, memes, or gestures displayed in the workplace.

4. Psychological Harassment

Common in psychological harassment at work California cases, this includes isolation, gaslighting, or constant criticism intended to demean a person, especially when tied to their identity.

5. Sexual Harassment

One of the most widely reported violations under employment law, sexual harassment includes sexual advances, sexual favors, or other sexually charged conduct. It falls into two primary categories:

• Quid pro quo: Employment decisions (e.g., promotions or raises) contingent on submission to sexual favors.
• Hostile work environment: Persistent and unwelcome conduct of a sexual nature that disrupts work performance or creates an intimidating setting.

California vs. Federal Law: What Sets Them Apart

California’s laws differ from federal employment discrimination statutes in several key ways:

• Lower Employer Threshold: FEHA applies to employers with 5+ employees, while federal laws like Title VII require 15+.
• Expanded Categories: California includes gender identity, gender expression, and genetic information as explicit protections.
• Longer Reporting Window: Victims can file a harassment complaint with the California Civil Rights Department (CRD) up to 3 years after the incident.
• Broader Scope: Coverage includes interns, independent contractors, and freelancers.

What Constitutes Harassment at Work in California?

A workplace harassment claim must meet specific conditions:

• The behavior must be unwelcome.
• It must be based on one or more protected characteristics.
• It must affect a reasonable person in the same situation.
• It must interfere with work performance or create a hostile work environment.
  
  
   

Harassing behavior doesn’t need to be physical. Verbal and psychological tactics-like making derogatory comments about someone’s sexual orientation or implying demotion unless sexual favors are granted-also count.

Example Harassment Case: A female employee in Los Angeles is repeatedly told by her manager that she needs to "smile more for male clients" and is passed over for promotions unless she attends social outings. This may qualify as both quid pro quo and hostile work environment harassment.

How to Report Harassment at Work California

Internal Reporting Procedures

California employers are required by harassment laws to create and maintain a robust harassment policy. It must include:

• Clearly defined types of harassment and examples
• A straightforward report harassment process
• Multiple reporting avenues, including anonymous channels
• A clear timeline for corrective action
• Assurance of no retaliation

Anonymous and External Reporting

If internal channels fail or feel unsafe, employees can file with:

• CRD (California Civil Rights Department): Formerly known as DFEH (California Department of Fair Employment and Housing)
• EEOC (Equal Employment Opportunity Commission) for federal-level claims

Deadlines:

• CRD: 3 years
• EEOC: 300 days from the last incident

Employer Obligations Under California Workplace Harassment Laws

Mandatory Training (SB 1343)

• Employers with 5+ employees must offer sexual harassment training:
  
  
  • 2 hours for supervisors
  • 1 hour for non-supervisory staff
  • Must be interactive and cover harassing behavior, retaliation, and prevention strategies.

Anti-Harassment Policy Checklist

To comply with California harassment laws, your company’s anti-harassment policy should:

• Be distributed and acknowledged by employees
• Include a clear complaint process
• Address behavior that creates a hostile work environment
• Be available in multiple languages (especially in Los Angeles)
• Incorporate steps for corrective action and follow-up

Reasonable Steps to Prevent Harassment

Employers must take reasonable steps to:

• Prevent harassment from occurring
• Respond immediately to complaints
• Avoid emotional distress or escalation
• Preserve the mental well-being of staff

Non-compliance can lead to fines, reputational harm, or legal action, including lawsuits demanding punitive damages.

How Employees Should Respond to Workplace Harassment

Step-by-Step Guide

1. Document Incidents: Keep records of dates, people involved, and specifics of the harassing behavior.
2. Use Internal Channels: Report to human resources, a manager, or through an anonymous portal.
3. File a Complaint: If necessary, take it to CRD, EEOC, or an employment law attorney.
4. Seek Support: Talk to coworkers or legal advisors. Some law firms offer a free consultation for victims.
5. Know Your Rights: You are protected from retaliation under both state laws and federal law.

Why FaceUp Is the Right Solution for Harassment Reporting in California

Meeting California's strict anti-harassment laws isn't just about compliance - it's about creating a culture where employees feel empowered to speak up. One of the most effective ways to foster this environment is by implementing a secure, anonymous, and easy-to-use reporting system. FaceUp provides exactly that.

Built for Legal Compliance and Employee Trust

FaceUp's whistleblowing and reporting platform is designed to help employers fulfill their responsibilities under the California Fair Employment and Housing Act (FEHA), the Civil Rights Act, and other state and federal workplace harassment laws. It supports organizations in taking the reasonable steps required to prevent, address, report, and document all forms of harassment.

With FaceUp, organizations can:

• Enable anonymous harassment reporting without fear of retaliation - empowering employees to come forward with sensitive concerns.
• Offer a user-friendly, multilingual platform that can be tailored to reflect the company's structure and reporting policies.
• Track cases efficiently with internal documentation, case assignment, escalation protocols, and resolution status.
• Maintain legal and procedural compliance with EEOC, CRD, and DFEH guidelines through robust recordkeeping and audit trails.

Promoting Psychological Safety and Well-Being

FaceUp not only helps organizations meet legal requirements - it plays a critical role in enhancing workplace culture. By removing traditional barriers to reporting, such as fear of exposure or mistrust in HR channels, the platform encourages early intervention and protects employee mental health and overall well-being. The ability to report anonymously can be especially valuable in cases involving power imbalances, psychological harassment, or culturally sensitive issues.

Practical, Scalable, and Globally Trusted

FaceUp is trusted by organizations in over 60 countries across multiple sectors. It is GDPR compliant and ISO 27001 certified, ensuring high standards of data protection. The platform can be easily implemented in companies of any size, whether you're a small business in Los Angeles or part of a global enterprise.

By integrating FaceUp into your compliance framework, you’re taking a meaningful step toward a safer, more transparent, and respectful California workplace.

Legal Representation and Taking Legal Action

If your harassment complaint is unresolved or dismissed, you may want to consult employment lawyers to determine the viability of a harassment case in civil court. Legal professionals can help:

• Determine if FEHA or Title VII applies
• Estimate potential for punitive damages
• Guide next steps in litigation or mediation

Many firms in Los Angeles and across California offer a free consultation to assess your claim. 

Conclusion: Creating a Safe and Compliant Workplace

Whether you're preventing harassment or navigating a work harassment California case, understanding California work harassment laws is vital. Knowing what qualifies under the California Fair Employment and Housing Act, how to report harassment, and how to implement a comprehensive harassment policy can protect your business-and more importantly, your people.

To build a safer, more inclusive workplace:

• Update training regularly
• Promote DEI and anti-bias practices
• Provide anonymous reporting tools
• Act immediately on any complaint
   

Book a demo with FaceUp to explore anonymous, secure, and compliant harassment reporting for your team.