January 5, 2026 Table of Contents
A boss who humiliates you in meetings or a coworker who makes every shift miserable can make work feel unbearable. However, not all mistreatment breaks the law. This article explains where California draws the line between workplace harassment and bullying, what abusive conduct means under state law, and what to do if it is happening to you.
Is workplace bullying illegal in California?
Not by itself. Workplace harassment is illegal when unwelcome conduct is based on a protected trait, such as race, sex, age, religion, or disability (Gov. Code 12940(j)), and is severe or pervasive enough to create a hostile work environment. Bullying that is not tied to a protected trait is usually not illegal on its own, though it can still support other claims.
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The difference is the reason behind the treatment. A manager who is rude, overly critical, or plays favorites can make work miserable, but that alone usually does not violate the law. Mistreatment becomes unlawful harassment when it is tied to a protected trait under California’s Fair Employment and Housing Act (FEHA).
| Question | Workplace harassment | Workplace bullying |
|---|---|---|
| Based on a protected trait? | Yes | Not necessarily |
| Illegal under California law? | Yes, if severe or pervasive | Usually not, unless tied to a protected trait |
| Covered by FEHA? | Yes | No, but employers must train on preventing it |
| Example | A boss who insults you because of your race | A boss who yells at everyone equally |
Protected traits under FEHA include race, color, national origin, ancestry, religion, sex, gender identity, sexual orientation, pregnancy, disability, medical condition, age (40 and over), marital status, and military or veteran status, among others.
Illegal harassment is unwelcome conduct, based on a protected trait, that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. California law also states that a single incident of harassing conduct is sufficient to create a triable issue if it unreasonably interfered with the employee’s work performance or created an intimidating, hostile, or offensive working environment (Gov. Code 12923(b)). It commonly takes these forms:
| Type | Examples |
|---|---|
| Verbal | Slurs, stereotypes, “jokes” about race, religion, accent, age, gender, or disability |
| Physical | Unwanted touching, blocking someone’s path, throwing objects, physical intimidation |
| Visual | Explicit images or memes, derogatory posters or symbols, leering, offensive gestures |
| Sexual | Unwanted advances or comments, or job benefits tied to sexual favors (quid pro quo) |
Sexual harassment is one of the most common forms. Learn more about sexual harassment claims, and when harassment is ongoing, what makes a hostile work environment.
Bullying, such as yelling, public humiliation, or sabotaging someone’s work, can be as damaging as harassment. Still, it usually is not illegal on its own unless it targets a protected trait. For example:
California does address bullying through training on abusive conduct. Under Gov. Code 12950.1, employers with five or more employees must include the prevention of abusive conduct as a component of their required harassment training. The law defines abusive conduct as conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. A single act does not count unless it is especially severe and egregious. The training requirement does not create a separate lawsuit for bullying.
Even when bullying is not harassment, it can matter legally. For example, bullying that starts after you report a problem may be retaliation, and conditions so bad that you feel compelled to resign may support a constructive discharge claim.
Harassment does not have to come from a supervisor. It can come from a coworker, a manager, a client, or a contractor. Under Gov. Code 12940(j)(1), an employer can be responsible for harassment by coworkers or nonemployees when it knew or should have known about it and failed to take immediate and appropriate corrective action. Different rules apply to harassment by supervisors. Employers must also take reasonable steps to prevent harassment in the first place.
Yes, it may be. FEHA bars employers from punishing workers who oppose harassment or file a complaint (Gov. Code 12940(h)). A demotion, cut hours, exclusion from meetings, or a termination after a report can all be retaliation. For how to report in a way that protects you, see our article on speaking up safely at work.
If the mistreatment is tied to a protected trait, continues after you report it, or is followed by retaliation, consider speaking with a California employment lawyer. Harassment claims have deadlines. For many FEHA harassment claims, an employee generally has three years to begin the filing process with the Civil Rights Department (Gov. Code 12960), but that period does not apply to every claim. An employment attorney can evaluate which deadlines apply to your situation. A Los Angeles sexual harassment lawyer can review sexual harassment cases specifically.
At Abramson Labor Group, we represent California employees, never employers, and our employment attorneys in Los Angeles work from our Burbank office. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation, contact us, or call us at (213) 493-6300.
Not by itself. California has no law that bans general workplace bullying. It becomes illegal when it targets a protected trait and is severe or pervasive, or when it is retaliation for protected activity.
Possibly. California law states that a single incident of harassing conduct can be enough to create a triable issue about a hostile work environment if it unreasonably interfered with the employee’s work or created an intimidating, hostile, or offensive working environment (Gov. Code 12923(b)).
Usually not under FEHA’s harassment rules, which require a link to a protected trait. However, other claims may apply, such as retaliation or constructive discharge, depending on the facts.
Yes, if it has five or more employees. Required harassment training must include the prevention of abusive conduct (Gov. Code 12950.1).
Last updated: October 2026
This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.
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