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. Not all mistreatment breaks the law, though. Below, we explain where California workplace harassment law draws the line between illegal harassment and bullying, what “abusive conduct” means, and the other legal paths that can apply when the treatment is not tied to who you are.
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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Zev Abramson is the founding partner of Abramson Labor Group and a passionate advocate for employees whose voices too often go unheard. He earned his J.D. from Loyola Law School, but his commitment to protecting workers began long before he…
Key Takeaways
- Harassment is illegal under FEHA when it is based on a protected trait (Gov. Code 12940(j)) and is severe or pervasive enough to create a hostile work environment.
- A single incident can be enough if it unreasonably interferes with your work or creates an intimidating, hostile, or offensive environment (Gov. Code 12923(b)).
- The harassment ban covers employers with even one employee (Gov. Code 12940(j)(4)(A)), while the duty to train on abusive conduct starts at five (Gov. Code 12950.1).
- Bullying that is not harassment can still matter, for example as retaliation for a complaint (Gov. Code 12940(h)) or as a stress injury under workers’ compensation.
- For many harassment claims, an employee generally has three years to begin the filing process with the Civil Rights Department (Gov. Code 12960).
Is This Your Situation?
- Your boss yells at you, insults you, or puts you down in front of others.
- You feel targeted at work, and the comments touch on your race, sex, age, accent, religion, or a disability.
- A coworker or a customer keeps making jokes or advances you have asked them to stop.
- You reported the problem, and now you get worse shifts, write-ups, or the silent treatment.
- The stress is affecting your health, and you are thinking about quitting.
Workplace Harassment vs. Bullying: The Key Difference
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). California also uses a third term, “abusive conduct,” for bullying that employers must train against. Conduct tied to an employer’s legitimate business interests, such as honest feedback on your work, falls outside that definition.
| Question | Harassment | Bullying | Abusive conduct |
|---|---|---|---|
| Tied to a protected trait? | Yes | Not necessarily | No |
| Where the rule lives | Gov. Code 12940(j) | No general statute | Gov. Code 12950.1 (training rule) |
| Can you sue over it? | Yes, if severe or pervasive | Usually not, unless another claim applies | Not on its own |
| Can one incident count? | Yes, in some circumstances | Rarely | Only if especially severe and egregious |
| Example | A boss who insults you because of your race | A boss who yells at everyone equally | Repeated insults or sabotage of your work with no business reason |
Protected traits under FEHA include race, religious creed, color, national origin, ancestry, physical and mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decisionmaking, and veteran or military status (Gov. Code 12940(j)(1)). Harassment because of sex includes harassment based on pregnancy, childbirth, or related medical conditions, and it “need not be motivated by sexual desire” (Gov. Code 12940(j)(4)(C)).
What Counts as California Workplace Harassment?
California workplace harassment is unwelcome conduct, based on a protected trait, that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. The Civil Rights Department’s regulations describe three main forms (2 CCR 11019(b)(2)), and sexual harassment adds a fourth. These are the four types of workplace harassment you will see most often:
| Type | Examples |
|---|---|
| Verbal | Epithets, slurs, derogatory comments, and “jokes” about race, religion, accent, age, gender, or disability |
| Physical | Assault, unwanted touching, blocking someone’s path, or any physical interference with normal work or movement |
| Visual | Derogatory posters, cartoons, drawings, memes, or gestures |
| Sexual | Unwanted advances or comments, or job benefits tied to sexual favors (quid pro quo) |
California’s Legislature set out how courts should judge these claims in Gov. Code 12923:
- One incident can be enough. A single incident of harassing conduct can create a triable issue if it unreasonably interfered with the employee’s work performance or created an intimidating, hostile, or offensive working environment (12923(b)).
- Your work does not have to suffer. An employee “need not prove that his or her tangible productivity has declined as a result of the harassment” (12923(a)).
- Comments count even outside a decision. A discriminatory remark from a nondecisionmaker can still be relevant evidence. The Legislature rejected the “stray remarks doctrine” (12923(c)).
- The industry does not change the rule. “The legal standard for sexual harassment should not vary by type of workplace” (12923(d)).
Sexual harassment is one of the most common forms. Learn more about sexual harassment claims, and when the conduct is ongoing, what makes a hostile work environment.
What About Workplace Bullying and Abusive Conduct?
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:
- If your supervisor yells at everyone equally, it may be bullying but not illegal harassment.
- If your supervisor yells only at women, older workers, or employees of one race, it could be harassment under FEHA. When the target is women, see our gender discrimination page. When the target is pregnant workers, see how to prove pregnancy discrimination.
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 in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.
The statute’s examples include repeated verbal abuse such as derogatory remarks, insults, and epithets, and the gratuitous sabotage or undermining of a person’s work performance. A single act does not count unless it is especially severe and egregious. The training requirement does not create a separate lawsuit for bullying.
When Bullying Can Still Lead to a Legal Claim
Even when bullying is not harassment, other California laws may apply, depending on the facts:
- Retaliation. Bullying that starts after you complain about harassment or discrimination may be retaliation under Gov. Code 12940(h).
- Constructive discharge. Conditions so intolerable that a reasonable person in your position would feel compelled to resign may support a constructive discharge claim.
- Threats of violence. Since July 1, 2024, most California employers must keep a workplace violence prevention plan. The law covers threats made in person, in texts, or in online posts (Lab. Code 6401.9). The law is aimed at violence and threats, not rudeness or insults alone.
An employment attorney can evaluate whether the conduct you are facing may implicate any of these laws.
Who Can Be Held Responsible for Harassment?
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.
The protection reaches applicants, unpaid interns, volunteers, and people providing services under a contract. Employers must also take all reasonable steps to prevent harassment from occurring (Gov. Code 12940(k)).
California vs. Federal Harassment Law
California workplace harassment law reaches further than the federal one in a few ways that often decide whether a worker has a claim at all:
| Rule | California (FEHA) | Federal (Title VII) |
|---|---|---|
| Employers covered for harassment | One or more employees (Gov. Code 12940(j)(4)(A)) | 15 or more employees (42 U.S.C. 2000e(b)) |
| Agency | Civil Rights Department (CRD) | Equal Employment Opportunity Commission (EEOC) |
What Must Your Employer Do About Harassment?
California regulations require every FEHA employer to have a written harassment, discrimination, and retaliation prevention policy (2 CCR 11023(b)). Among other things, the policy must:
- Set up a complaint process with a timely response and “impartial and timely investigations by qualified personnel.”
- Instruct supervisors to report complaints to a designated company representative, such as a human resources manager.
- Promise “appropriate remedial measures” when an investigation finds misconduct.
- Make clear that no one will face retaliation for complaining or taking part in an investigation.
Where 10 percent or more of the workforce speaks another language, the employer must translate the policy into that language (2 CCR 11023(e)). Your handbook should explain how to report harassment and to whom.
Is It Retaliation If You Are Punished for Reporting?
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. See what counts as retaliation under California law for the evidence that usually matters, and our article on speaking up safely at work.
What to Consider If You Are Being Harassed or Bullied at Work
- Document what happened. Consider writing down what happened: dates, times, places, what was said or done, and who saw it. Save emails, texts, and messages you are lawfully entitled to keep.
- Be careful with recordings. California makes it a crime to record a confidential conversation without the consent of everyone in it (Pen. Code 632). Written notes made at the time are often the safer record.
- Read your company policy. It should name the person who takes complaints.
- Consider reporting it in writing. If you feel safe doing so, report to HR or a designated person, and accurately describe what occurred. A dated email creates a clear record.
- Look after yourself. Talk to someone you trust. Harassment can take a real toll on your health.
- Consider speaking with an employment attorney. An attorney can evaluate whether the conduct may violate California employment laws and explain applicable options and deadlines. If you are thinking about quitting, consider speaking with an employment lawyer before resigning.
How Long Do I Have to File a Harassment Claim?
Different employment claims can have different filing deadlines. For many California workplace harassment claims under FEHA, an employee generally has three years from the date of the unlawful practice to begin the filing process with the California Civil Rights Department (Gov. Code 12960(e)(5)). Some summaries online still say one year, which is not the general FEHA rule for employment claims.
One trap catches people: once the CRD issues a right-to-sue notice, a lawsuit generally must follow within one year from the date of that notice (Gov. Code 12965(c)(1)(D)). Those periods do not apply to every claim, so do not assume one deadline fits your case. An employment attorney can evaluate which deadlines apply to your situation.
Frequently Asked Questions
Is a boss yelling at you considered harassment?
Not usually, on its own. Yelling becomes harassment when it is tied to a protected trait, such as a manager who screams only at older workers, and is severe or pervasive (Gov. Code 12940(j)). Repeated, malicious yelling with no business purpose may fit the state’s definition of abusive conduct, which employers must train against but which does not create a lawsuit by itself.
Is bullying a crime in California?
Generally, no. Ordinary workplace bullying is not a crime. When it turns into violence, a credible threat of violence, or a knowing and willful course of conduct that seriously alarms or harasses you and serves no legitimate purpose, a court can issue a civil harassment restraining order (Code Civ. Proc. 527.6).
Can my employer get a restraining order against the person harassing me?
Yes. Under the current version of the law, operative January 1, 2025, an employer, or the employee’s collective bargaining representative, can seek a restraining order on behalf of an employee who has suffered harassment, as well as violence or threats (Code Civ. Proc. 527.8). For harassment, the court requires clear and convincing evidence.
Can I get workers’ comp for stress caused by bullying at work?
Possibly. A psychiatric injury can qualify for workers’ compensation if actual events of employment were the predominant cause, and you generally must have worked for that employer for at least six months (Lab. Code 3208.3). An injury substantially caused by a lawful, nondiscriminatory, good faith personnel action, such as a fair performance review, does not qualify.
Can I sue the coworker who harassed me personally?
Yes. An employee who harasses a coworker is personally liable for the harassment, whether or not the employer knew about it (Gov. Code 12940(j)(3)).
Do I have to be fired or quit to have a harassment claim?
No. “Loss of tangible job benefits shall not be necessary in order to establish harassment” (Gov. Code 12940(j)(1)). You can sue your employer while still employed.
What if HR ignores my harassment complaint?
That can strengthen a claim. For harassment by coworkers or customers, an employer that knows or should know and fails to take immediate and appropriate corrective action is liable (Gov. Code 12940(j)(1)). A failure-to-prevent claim under Gov. Code 12940(k) cannot stand alone, though: the employee must also prove the underlying harassment, discrimination, or retaliation (2 CCR 11023(a)(2)).
How much harassment training does my employer have to give?
Employers with five or more employees must give at least two hours to supervisors and one hour to nonsupervisory employees, then repeat it once every two years (Gov. Code 12950.1(a)). The training must include the prevention of abusive conduct. Some online sources still say 50 employees; the current threshold is five.
When to Talk to an Employment Lawyer About California Workplace Harassment
If the mistreatment is tied to a protected trait, continues after you report it, is followed by retaliation, or is affecting your health, consider speaking with a California employment lawyer. If you are considering resigning, consider speaking with an employment lawyer first. A lawyer can review the facts, identify which laws and deadlines apply, and explain your options. 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.
Last updated: November 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.