Workplace harassment can take many forms — verbal abuse, physical intimidation, unwanted touching, or a pattern of conduct designed to make you feel unsafe. Whatever you’ve experienced, California law gives you real rights. This guide walks you through exactly what to do, step by step.
What Counts as Workplace Harassment Under California Law?
Under the California Fair Employment and Housing Act (FEHA), harassment is unlawful when it is based on a protected characteristic — such as sex, race, disability, religion, national origin, or sexual orientation — and is severe or pervasive enough to create a hostile work environment.
But harassment at work isn’t limited to FEHA violations. In some cases, the conduct may also constitute a civil tort — meaning you may have claims outside of the employment law framework entirely.
🔑 A key California precedent worth knowing:
In Fermino v. Fedco, Inc. (1994) 7 Cal.4th 701, the California Supreme Court held that employers can be held directly liable for intentional torts committed in the workplace — including conduct that goes beyond the scope of what workers’ compensation covers. This matters because it means a civil lawsuit may be available to you even when workers’ comp applies to your physical injuries.
Step 1: Recognize What’s Happening
Not every uncomfortable workplace situation qualifies as unlawful harassment. But these situations may:
- A supervisor repeatedly making sexual comments despite being asked to stop
- A coworker physically grabbing, pushing, or threatening you
- Management creating conditions designed to humiliate or intimidate you based on a protected characteristic
- Retaliation after you reported harassment — demotion, reduced hours, termination
If you’ve experienced conduct like this, your instinct that something is wrong is worth taking seriously.
Step 2: Document Everything — Immediately
This is the single most important thing you can do to protect your legal rights.
What to document:
- Date, time, and location of each incident
- Exactly what was said or done (use direct quotes where possible)
- Names of any witnesses present
- Whether you reported it, to whom, and what the response was
- Any physical evidence: texts, emails, voicemails, photos
How to store it: Keep your documentation somewhere your employer cannot access — a personal email account or a private notebook at home. Do not use company devices or accounts.
The more specific your records, the stronger your legal position.
Step 3: Report It Internally (If Safe to Do So)
California law requires employers to have a workplace harassment prevention policy and a process for reporting complaints. Submitting a formal internal complaint creates a paper trail and, in many cases, triggers your employer’s legal obligations to investigate.
When you report:
- Put it in writing — email is better than a verbal complaint
- Use the specific terminology: “sexual harassment,” “hostile work environment,” “discrimination based on [characteristic]”
- Keep a copy of everything you send and receive
- Note if your employer fails to investigate or respond
Important: The moment you file a complaint, you are engaged in protected activity under FEHA. That means retaliation — including termination, demotion, or negative performance reviews — becomes its own separate legal violation.
Step 4: Understand Employer Liability
California law places significant responsibility on employers to prevent and address harassment. Under FEHA:
- Employers are strictly liable for harassment by supervisors
- Employers can be liable for coworker harassment if they knew or should have known about it and failed to act
- Employers may also face liability for negligent retention — keeping an employee in a position after known misconduct
The Fermino case reinforced an important principle: when an employer’s conduct — or its tolerance of an employee’s conduct — crosses into intentional wrongdoing, civil liability can attach independently of workers’ compensation. This is significant in physical assault cases at work, where both systems may be in play.
Step 5: Know the Difference Between Workers’ Comp and a Civil Claim
This is one of the most misunderstood areas of California employment law.
| Workers’ Compensation | Civil Lawsuit | |
|---|---|---|
| What it covers | Medical expenses, lost wages | Emotional distress, punitive damages, full economic losses |
| Who pays | Your employer’s insurance | The employer and/or individual harasser |
| Standard required | Work-related injury | Intentional conduct, negligence, or statutory violation |
| Exclusivity | Generally exclusive for accidental injuries | Available when conduct was intentional (Fermino) |
If your coworker or supervisor intentionally harmed you — not an accident, but deliberate conduct — Fermino and its progeny establish that the workers’ comp bar does not foreclose your civil claims.
You may be able to pursue both. An employment attorney can assess which avenue — or combination — applies to your situation.
Step 6: File an External Complaint If Necessary
If your employer fails to act, or if retaliation follows your complaint, you have the right to escalate.
California Department of Civil Rights (CRD): Previously the DFEH. You must file a complaint with the CRD before filing a civil lawsuit under FEHA. This is called “exhausting administrative remedies.” The deadline is generally three years from the date of the last act of harassment.
EEOC: The federal Equal Employment Opportunity Commission handles claims under Title VII and other federal statutes. Filing with the EEOC and CRD simultaneously is common practice.
Important timing note: Do not wait. Evidence degrades, witnesses’ memories fade, and deadlines are firm.
Step 7: Consult an Employment Attorney
Before making strategic decisions — whether to report, when to escalate, how to respond to retaliation — it helps to have a clear picture of your legal options.
An employment attorney can:
- Evaluate whether you have a FEHA claim, a civil tort claim, or both
- Advise on documentation strategy
- Draft or review your formal complaint letter
- Assess whether Fermino liability applies to your physical injury situation
- Advise on retaliation risk and how to protect yourself
If you’re dealing with workplace harassment or potential employer liability in California, you can contact Nabati Law to discuss your options.
Frequently Asked Questions
Can my employer fire me for reporting harassment? No. Terminating or retaliating against an employee for reporting harassment is unlawful under FEHA. If this happens, retaliation itself becomes a separate legal claim.
What if my harasser is a coworker, not a supervisor? You still have rights. Employers are required to take reasonable steps to prevent and correct harassment. If they fail to act after notice, they can be held liable.
What if the harassment was physical — assault at work? Physical assault by a coworker or supervisor may support both a workers’ comp claim and a separate civil lawsuit. Under Fermino v. Fedco, intentional workplace torts are not barred by workers’ compensation exclusivity. Consult an attorney to assess both tracks.
How long do I have to file? For FEHA claims, you generally have three years from the last act of harassment to file with the CRD. Do not rely on memory for this — confirm timelines with an attorney promptly.
