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, and is severe or pervasive enough to create a hostile work environment (Gov. Code 12940(j)). 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).
| 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 has also made clear that a single incident can be enough to create a triable issue when it is severe (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 in their required harassment training. The law defines abusive conduct as conduct of an employer or employee, with malice, that a reasonable person would find hostile, offensive, and unrelated to the employer’s legitimate business interests. A single act does not count unless it is especially severe and egregious. This rule came from AB 2053 in 2014. It requires training but 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 forced to quit 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. 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 firing 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.
Talk to a lawyer if the mistreatment is tied to a protected trait, continues after you report it, or is followed by retaliation. Harassment claims have deadlines, generally three years to file with the Civil Rights Department (Gov. Code 12960). 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. We hold a 4.5-star rating across more than 1,900 Google reviews (as of September 2026), and we serve clients in English and Spanish. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation or call (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.
Yes, if it is severe. California law states that a single incident of harassing conduct can be enough to create a triable issue about a hostile work 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).
This article is general information about California law, not legal advice. Every situation is different. Contacting Abramson Labor Group does not create an attorney-client relationship.
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