January 5, 2026In California, workplace harassment is illegal when unwelcome conduct is based on a protected characteristic (like race, sex, age, religion, or disability) and is severe or pervasive enough to create a hostile work environment. General bullying or rudeness that isn’t tied to a protected trait is usually not illegal, though it may still violate company policy.
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.
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:
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.
Here is a quick comparison of how California law treats harassment versus bullying:
| Workplace Harassment | Workplace Bullying | |
| Based on a protected characteristic? | Yes (race, sex, age, religion, disability, etc.) | Not necessarily |
| Illegal under California law? | Yes, if severe or pervasive | Usually not, unless tied to a protected trait |
| Covered by FEHA? | Yes | No |
| Example | A boss who insults you because of your race | A boss who yells at everyone equally |
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:
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:
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:
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:
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.
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:
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.
A 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.
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:
If your employer fails to act, or retaliates against you for speaking up, they can be held liable for violating your rights.
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.
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.
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:
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.
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.
Not by itself. California does not have a law banning general workplace bullying. Bullying becomes illegal only when it targets a protected characteristic such as race, sex, age, religion, or disability, or when it rises to the level of a hostile work environment under FEHA.
A hostile work environment exists when unwelcome conduct based on a protected characteristic is severe or pervasive enough to alter your working conditions and create an intimidating, hostile, or offensive workplace. It is an ongoing pattern, not a single bad day, though a single serious incident can qualify in some cases.
Usually not under California’s anti-harassment laws, which require the conduct to be tied to a protected characteristic. However, depending on the facts, other claims may apply. An employment attorney can review your situation and explain your options.
Under California law, harassment can come from anyone in the workplace, including supervisors, coworkers, clients, or third-party contractors. Employers can be held liable if they knew about the harassment and failed to prevent or correct it, or if they retaliated against you for reporting it.
Document everything (dates, times, witnesses, and messages), review your company’s reporting policy, and report internally if you feel safe doing so. If the behavior continues or you fear retaliation, contact a California employment attorney to review your rights and options.
Abramson Labor Group offers 100% risk free case evaluations. Fill out the form below or call us today!