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Workplace Harassment or Bullying: What’s Illegal in California?

January 5, 2026

If you’ve ever dreaded going to work because of how someone treats you — whether it’s a boss who humiliates you in meetings, a coworker who makes hurtful jokes, or a supervisor who routinely crosses personal or professional boundaries — you’re not alone.

Every day, employees across California deal with harassment and bullying in the workplace. But here’s something many people don’t realize: not all mistreatment is considered unlawful under California or federal law.
That’s where confusion — and frustration — often begins.

At Abramson Labor Group, we’ve spoken with many workers who believed they “just had to put up with it.” In reality, California law offers strong protections against certain types of workplace harassment, and it’s important to understand where the legal line is drawn.

This guide explains what may qualify as harassment under California law, what types of behavior may cross into unlawful conduct, and what steps you can take if you believe you’re being mistreated at work.

The Difference Between “Unfair” and “Illegal” 

Let’s start with an important distinction. Unfortunately, not all bad behavior at work is illegal. A manager who is rude, overly critical, or who plays favorites can make work miserable — but those actions alone do not necessarily violate the law.

Harassment becomes potentially unlawful when it is based on one or more protected characteristics.

Protected characteristics include:

  • Race, color, or ethnicity 
  • National origin or ancestry 
  • Religion or creed 
  • Sex, gender identity, or sexual orientation 
  • Pregnancy or breastfeeding 
  • Disability or medical condition 
  • Age (40 and over) 
  • Marital status 
  • Military or veteran status 

When mistreatment is connected to one of these characteristics, or when it contributes to a hostile work environment tied to these traits, it may fall under unlawful harassment, depending on the facts of the situation. 

What Counts as Illegal Harassment in California 

California defines workplace harassment as unwelcome conduct that is so severe or pervasive that it alters the conditions of employment and creates an intimidating, hostile, or offensive environment. 

1. Verbal Harassment 

This includes spoken or written comments that demean, insult, or target a protected characteristic. Examples may include: 

  • Racial slurs or stereotypes 
  • Sexually suggestive comments or “jokes” 
  • Derogatory remarks about someone’s religion, accent, or cultural background 
  • Insults related to age, gender, disability, or medical conditions 

Even comments framed as “jokes” or “offhand remarks” may contribute to unlawful harassment if they occur frequently or are serious enough to create a hostile or offensive work environment. 

2. Physical Harassment 

Unwanted physical contact, gestures, or intimidation tactics also violate the law. Examples: 

  • Touching, hugging, or brushing against someone without consent 
  • Blocking someone’s path or invading personal space 
  • Throwing objects, slamming doors, or using physical intimidation 

Any act that causes an employee to fear for their safety or feel physically violated is extremely serious, and may raise legal concerns or provide a basis for certain protections or legal claims, depending on the circumstances. 

3. Visual or Nonverbal Harassment 

California law also prohibits offensive displays or gestures that contribute to a hostile workplace. Examples include: 

  • Sharing or displaying explicit images, cartoons, or memes 
  • Derogatory posters or symbols 
  • Staring or leering 
  • Inappropriate gestures or facial expressions 

4. Sexual Harassment 

Sexual harassment can be quid pro quo (when job benefits depend on sexual favors) or hostile environment (when sexual behavior or comments make the workplace intimidating). 

Examples: 

  • Unwanted flirting, touching, or sexual comments 
  • Requests for dates after being turned down 
  • Promises of promotions or threats of demotion tied to sexual conduct 

5. Retaliation for Reporting Harassment 

If you report harassment and your employer punishes you for it, by demoting you, cutting your hours, excluding you from meetings, or firing you, that’s retaliation, which is illegal under California law. 

What About Workplace Bullying? 

Workplace bullying can be just as painful and damaging as illegal harassment. However, bullying, defined as repeated mistreatment such as yelling, public humiliation, or sabotage, isn’t always against the law unless it targets a protected characteristic. 

Here’s an example: 

  • If your supervisor yells at everyone equally, it may be bullying but not illegal. 
  • If your supervisor only yells at women, older workers, or employees of a certain race, it could be harassment under FEHA. 

That said, California’s Healthy Workplace Bill (AB 2053) requires employers to provide training on abusive conduct. While the law doesn’t make bullying alone illegal, it shows that the state recognizes the harm it causes and encourages prevention. 

Hostile Work Environment vs. Simple Disagreement 

hostile work environment develops when harassment is severe or pervasive enough to interfere with your ability to do your job. It’s not about one bad day; it’s about an ongoing pattern of mistreatment that creates fear, humiliation, or anxiety. 

If your workplace culture normalizes disrespect, threats, or discrimination, you may be in a legally recognized hostile work environment. 

Who Can Be Held Responsible 

Harassment doesn’t have to come from a supervisor. Under California law, anyone in the workplace, coworker, manager, client, or even a third-party contractor, can be held accountable. 

Employers are legally obligated to: 

  • Prevent and correct harassment once they know about it 
  • Train supervisors on how to recognize and address it 
  • Take complaints seriously and investigate promptly 

If your employer fails to act, or retaliates against you for speaking up, they can be held liable for violating your rights. 

What To Do If You’re Being Harassed or Bullied at Work 

You don’t have to tolerate mistreatment, and you don’t have to face it alone. Here’s what you can do: 

1. Document Everything 

Keep a record of what is happening. Note the dates, times, locations, people involved, and any witnesses. Save emails, texts, or messages that support your experience. 

2. Review Your Company Policy 

Most employers have written procedures for reporting harassment. Read your employee handbook to understand the proper steps. 

3. Report Internally (If You Feel Safe) 

If it feels safe to do so, report the harassment to HR, your manager, or another designated person. Be specific and provide your documentation. 

4. Seek Support 

Talk to a trusted coworker, therapist, or friend. Workplace harassment can take a serious toll on your mental health. 

5. Contact an Employment Lawyer 

If internal reporting doesn’t stop the behavior, or if you fear retaliation, speak to an attorney. An experienced California employment lawyer can help you understand your rights, evaluate your case, and take legal action if needed. 

At Abramson Labor Group, we stand up for employees who have been harassed, bullied, or mistreated at work. 

You Are Not Overreacting 

Toxic work environments can make you question your own experiences. You might hear things like: 

“That’s just how they are.” 
“Don’t take it personally.” 
“You’re being too sensitive.” 

But you are not overreacting for wanting respect and safety at work. No one has the right to demean or intimidate you. 

How Abramson Labor Group Can Help 

When you reach out to Abramson Labor Group, you’ll find a team that listens and fights for your rights. We’ve represented thousands of workers across California in cases involving: 

  • Sexual harassment 
  • Discrimination based on race, gender, age, or disability 
  • Hostile work environment 
  • Retaliation and wrongful termination 
  • Wage theft and unfair labor practices 

We understand how intimidating it feels to take action against an employer. That’s why we guide you through every step with compassion, respect, and fierce advocacy. 

You Deserve Respect, Not Fear 

Work should never be a place where you feel unsafe, humiliated, or powerless. California law gives you strong protection against harassment and retaliation, and you have every right to use them. 

If you’ve been harassed or bullied at work, don’t stay silent. The law is on your side, and Abramson Labor Group is here to stand beside you. 

Contact Abramson Labor Group today for a free, confidential intake evaluation. We’ll listen to your story, explain your rights, and help you take back your power.