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Discrimination and retaliation

Reporting Workplace Harassment in California

Firedcheck · · 3 min read

California's Fair Employment and Housing Act prohibits harassment based on a protected characteristic, such as sex, race, disability, age or sexual orientation, by employers of any size. Harassment does not have to be physical, and a single serious incident can be enough. Reporting it in writing helps create a record and puts the employer on notice. Retaliation for reporting is unlawful, and a complaint with the Civil Rights Department generally comes before a lawsuit.

What counts as harassment

Under Government Code §12940(j), harassment of an employee, applicant, unpaid intern, volunteer or person providing services under a contract because of a protected characteristic is unlawful. It can be verbal, such as slurs, jokes or comments about appearance, visual, such as images or messages, or physical. Sexual harassment includes unwanted advances, requests for sexual favors and conduct of a sexual nature, as well as hostility toward someone because of their sex or gender.

Government Code §12923 states the Legislature's view that a single incident of harassing conduct can be enough to create a hostile work environment if it unreasonably interferes with work performance, and that the harassment does not have to cause a decline in productivity. The harassment rules apply to employers with one or more employees, and an individual harasser can be personally liable.

How to report it

Check your employer's anti-harassment policy, which California employers with five or more employees must have in writing. It names the people you can report to. Report to HR or to a manager outside your chain of command if your supervisor is involved. Report in writing, for example by email, describe what happened with dates and names, and keep a copy at home or in a personal account.

Keep your own notes of each incident as soon as possible, including witnesses and how it affected your work. Save messages you received. Do not forward confidential company documents to yourself beyond what relates to you.

What the employer must do

Employers must take all reasonable steps to prevent harassment (Government Code §12940(k)). When they learn of a complaint, they generally must investigate promptly and impartially and take effective corrective action. An employer is generally strictly liable for harassment by a supervisor, and liable for harassment by coworkers or customers if it knew or should have known and failed to take immediate and appropriate corrective action.

Employers with five or more employees must provide sexual harassment prevention training to supervisors and nonsupervisory employees on a regular cycle (Government Code §12950.1). The Civil Rights Department provides free online training courses.

Retaliation and deadlines

It is unlawful to retaliate against you for reporting harassment, supporting a coworker's complaint or taking part in an investigation (Government Code §12940(h)). Retaliation can include firing, demotion, a cut in hours, a worse schedule or a sudden poor review. Retaliation is a separate claim, even if the harassment itself is hard to prove.

Under current law, a complaint with the California Civil Rights Department generally must be filed within three years of the last unlawful act. Federal EEOC deadlines are shorter. Before you sign a severance agreement or a settlement, have it reviewed, because California limits non-disclosure terms about harassment but a release can still give up your claims.

Your next steps

  • Report harassment in writing and keep a copy outside work systems.
  • A single serious incident can be enough, and the harasser can be personally liable.
  • Retaliation for reporting is a separate unlawful act with its own claim.

Sources and legal basis

General information about federal and California law as of October 30, 2026, not legal advice. Your facts and later changes in the law can change the answer. A request does not stop any deadline.

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