Quick Answer: California’s Fair Employment and Housing Act (FEHA) prohibits workplace harassment based on protected characteristics such as race, sex, disability, age, religion, national origin, and more. Unlike many discrimination protections, FEHA’s harassment provisions generally apply to employers of even one employee and can cover contractors, interns, and volunteers. Whether conduct amounts to unlawful harassment depends on the specific facts, and strict deadlines apply, so consider having a qualified California employment attorney review your circumstances promptly.

California has some of the broadest workplace harassment protections in the country. Many employees are surprised to learn how widely these protections can reach and how they differ from the rules for other kinds of discrimination. This article explains, in general terms, how California’s main harassment law works in 2026, what kinds of conduct it may cover, how employer responsibility is generally analyzed, and the deadlines that can apply. It is general information, not legal advice. Whether a particular situation amounts to unlawful harassment depends on the specific facts, so consider having a qualified California employment attorney evaluate your circumstances.

The Law That Generally Applies: FEHA

California’s Fair Employment and Housing Act, or “FEHA,” is the primary state law addressing workplace harassment. Under Government Code section 12940(j), it is generally an unlawful employment practice to harass an employee, an applicant, an unpaid intern or volunteer, or a person providing services under a contract, because of a protected characteristic. Protected characteristics under FEHA include race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity and gender expression, age, sexual orientation, reproductive health decisionmaking, and veteran or military status.

Harassment Protections Reach Nearly Every Employer

One feature that often surprises people is how broadly the harassment provisions apply. While many FEHA discrimination protections generally apply to employers with five or more employees (Gov. Code § 12926(d)), the harassment provisions under section 12940(j) generally apply to employers of one or more employees. The harassment provisions can also reach beyond traditional employees to include certain independent contractors, unpaid interns, volunteers, and persons providing services under a contract. In practical terms, this means a very small employer that might not be covered for some discrimination claims may still be covered for harassment.

Types of Workplace Harassment

Harassment can take different forms, and it is not limited to conduct of a sexual nature. Depending on the circumstances, it may involve:

Sexual harassment. This can include unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature. It may also include so-called “quid pro quo” situations, where a job benefit is conditioned on submitting to such conduct.

Harassment based on another protected characteristic. Conduct targeting a person because of race, national origin, religion, disability, age, or another protected trait may also qualify, depending on the facts.

Hostile work environment. This generally involves unwelcome conduct based on a protected characteristic that a reasonable person would find severe or pervasive enough to alter the conditions of employment. Whether conduct meets that standard depends heavily on the specific facts.

Harassment may be verbal, such as slurs, threats, or derogatory comments; visual, such as offensive images or messages; or physical. A single serious incident may sometimes be enough, while in other situations a pattern of conduct over time is what matters. These are fact-intensive questions, which is why having an attorney review the details can help.

When an Employer May Be Responsible

How employer responsibility is analyzed can depend on who engaged in the harassment.

Harassment by a supervisor. In general terms, an employer may be strictly liable for harassment committed by a supervisor. Whether that applies depends on the facts.

Harassment by a coworker or non-supervisor. For harassment by a coworker, and in some cases by a non-employee such as a client or customer, an employer’s responsibility generally depends on whether the employer knew or should have known about the conduct and failed to take immediate and appropriate corrective action.

FEHA also generally makes it unlawful for an employer to fail to take all reasonable steps necessary to prevent harassment from occurring (Gov. Code § 12940(k)). How an employer responded, or failed to respond, to a complaint can therefore be part of the overall picture. These standards are general, and how they apply to any particular situation depends on the specific facts.

Reporting and Filing With the Civil Rights Division (“CRD”)

Employees who experience harassment often start by reporting it internally, such as to a supervisor or human resources, though internal reporting is not always required by law. To pursue most FEHA claims in court or arbitration, an employee must file an administrative complaint with the California Civil Rights Department (CRD), which was formerly known as the DFEH. The CRD process can lead to an investigation or to the issuance of a right-to-sue notice that generally allows the employee to pursue a civil lawsuit. Because the procedures can be detailed and fact-specific, it is often helpful to speak with an attorney about how they apply to your situation.

Deadlines That May Apply

Time limits are an important part of any harassment claim, and they can be easy to miss. For many FEHA claims, an employee generally must file a complaint with the CRD within three years from the date of the last alleged unlawful act (Gov. Code § 12960(e)(5)). After the CRD issues a right-to-sue notice, Government Code section 12965 generally allows one year from the date of that notice to file a civil lawsuit. These are strict deadlines, and exceptions and different procedural requirements may apply, therefore it is important that you contact an attorney as soon as possible.

Possible Remedies

The remedies that may be available in a successful FEHA harassment case depend on the facts. Depending on the circumstances, they can include compensation for lost wages and benefits, damages for emotional distress, and, in some cases, punitive damages. Unlike federal law, FEHA does not impose a statutory cap on compensatory or punitive damages. This does not mean any particular amount is likely or guaranteed; the outcome of any case depends entirely on its specific facts and evidence.

Steps You May Consider Taking

Contemporaneously write down what happened, including dates, what was said or done, who was involved, and any witnesses.

Keep copies of relevant communications you already lawfully have, such as messages, emails, or your employer’s harassment policy. Please keep only information that you lawfully possess. Do not access restricted company systems or obtain confidential, proprietary, privileged, or personal information that you are not authorized to possess.

Consider reporting the conduct through your employer’s internal process, if you feel safe doing so.

Note any deadlines that may apply, keeping in mind they can be shorter than people expect.

Consider consulting a qualified California employment attorney to evaluate the circumstances.

The Bottom Line

California’s harassment protections under FEHA are broad, reaching employers of nearly any size and covering a wide range of conduct based on protected characteristics. Whether a given situation amounts to unlawful harassment, and whether an employer may be responsible, depends on the specific facts and the applicable standards. If you believe you may have experienced workplace harassment, having a qualified California employment attorney review your circumstances promptly is usually the most protective step, particularly given the deadlines involved.

If you believe you may have experienced workplace harassment and want to better understand your potential claim, Blackstone Law may be able to help evaluate the circumstances and explain your legal options. Call Blackstone Law at (310) 956-4054 or contact us online to request a free case evaluation. Because filing deadlines vary depending on the type of claim, consider seeking legal advice promptly.

Frequently Asked Questions

Does California’s harassment law apply to small employers?

Generally, yes. While many FEHA discrimination protections apply to employers with five or more employees, the harassment provisions generally apply to employers of one or more employees, and can also reach certain contractors, interns, and volunteers.

What counts as a hostile work environment in California?

In general terms, a hostile work environment may exist when unwelcome conduct based on a protected characteristic is severe or pervasive enough that a reasonable person would find it alters the conditions of employment. Whether conduct meets that standard depends heavily on the specific facts.

Is my employer automatically responsible for harassment?

It depends on who harassed you. An employer may be strictly liable for harassment by a supervisor, while responsibility for harassment by a coworker or non-employee generally depends on whether the employer knew or should have known and failed to take immediate and appropriate corrective action. How these standards apply depends on the facts.

How long do I have to file a harassment claim in California?

For many FEHA claims, an employee generally must file a complaint with the Civil Rights Department (CRD) within three years of the last alleged unlawful act, and after a right-to-sue notice generally has one year to file a civil lawsuit. These are strict deadlines and exceptions may apply, so consult an attorney as soon as possible.

What should I do if I think I am being harassed at work?

Consider writing down what happened with dates and witnesses, keeping copies of relevant communications you lawfully possess, reporting the conduct through your employer’s internal process if you feel safe doing so, noting any deadlines, and consulting a qualified California employment attorney. Do not access restricted company systems or obtain information you are not authorized to possess.

Legal Disclaimer: This blog post is provided for general informational purposes only and does not constitute legal advice. Employment laws, filing deadlines, and available remedies depend on the specific facts of each situation and may change over time. Reading this article, using this website, submitting an inquiry, or contacting Blackstone Law does not create an attorney-client relationship. An attorney-client relationship is established only through a written agreement signed by the firm and the client. Do not rely solely on this information to calculate a legal deadline, evaluate the strength of a potential claim, or decide whether to sign an agreement. Consult a qualified California employment attorney promptly regarding your circumstances. Past results do not guarantee or predict a similar outcome.