Workplace harassment can affect more than just your job, it can impact your mental health, finances, and overall sense of safety. California law offers strong protections for employees, but knowing how those laws work and what steps to take is essential.
At Seligson Law, led by seasoned attorney Ken Seligson, we help employees throughout California stand up against unlawful workplace harassment. Our employment lawyers understand the tactics employers use to avoid responsibility, and we work to protect your rights from the moment you contact us. Here’s what you need to know if you believe you’ve been harassed at work.
What Is Workplace Harassment?
California law protects employees from harassment in the workplace based on protected characteristics, including:
- Race, color, national origin, or ancestry
- Religion or creed
- Age (40 and over)
- Physical or mental disability
- Medical condition or genetic information
- Marital status
- Sex, gender, gender identity, or gender expression
- Sexual orientation
- Pregnancy or childbirth
- Military or veteran status
Consulting a lawyer can be an important first step in understanding whether the conduct you’ve experienced qualifies as unlawful harassment and in determining how best to protect your rights moving forward.
Disparate Treatment vs. Disparate Impact
In some cases, harassment or discrimination claims may involve different legal theories. Disparate treatment occurs when an employee is intentionally targeted because of a protected characteristic. For example, being denied promotions specifically due to gender.
Disparate impact, on the other hand, involves workplace policies or practices that appear neutral but disproportionately harm a protected group. For instance, a physical fitness test that unintentionally excludes applicants with disabilities can be considered disparate impact.
Both forms fall under California’s employment discrimination laws, and understanding these nuances is key to determining whether workplace conduct is unlawful and how to build a strong legal claim.
What Counts as Workplace Harassment?
Harassment can take many forms, and it does not have to involve physical contact or threats to be illegal. Workplace harassment includes unwelcome comments, jokes, gestures, or behavior that create a hostile or intimidating work environment. This can come from supervisors, coworkers, or even clients and customers.
Employer Responsibilities Under California Law
California’s Fair Employment and Housing Act (FEHA) makes it illegal for employers to allow harassment or fail to take action once it is reported. Employers are required to provide a workplace that is free from unlawful harassment and to investigate complaints quickly and effectively. If they fail to do so, they may be held legally responsible.
Importantly, you do not need to be fired, demoted, or reassigned to have a valid claim. If harassment has made it difficult to perform your job or has made you feel unsafe or targeted at work, you may have the right to pursue compensation for:
- Emotional distress
- Lost wages or benefits
- Other damages caused by the harassment
Taking Action
If you’ve experienced harassment at work, you don’t have to face it alone. A California employment attorney can help you understand your rights, gather evidence, and navigate the legal process toward holding the responsible parties accountable.
At Seligson Law, our lawyers do more than explain the law, we act as your advocates from start to finish. We can:
- Listen to your story in a safe, confidential setting so you feel heard and supported.
- Evaluate the strength of your case and advise you on the best course of action based on your circumstances.
- Help you gather and preserve evidence, including witness statements, emails, text messages, and any workplace documentation.
- Communicate with your employer or their legal team to demand corrective action and protect you from retaliation.
- Negotiate settlements that fairly compensate you for the harm you’ve suffered.
- Represent you in court if your case requires litigation.
Our goal is to make the legal process as straightforward as possible while giving you the confidence that your case is in capable hands. Whether you are still employed or have already left your job, we are here to help you hold the right people accountable and pursue the compensation you deserve.
Contact Our California Workplace Harassment Lawyers Today
Workplace harassment can be isolating, but legal help is available. At Seligson Law, we are committed to protecting employees and ensuring workplaces remain free from unlawful conduct.
Schedule a free consultation with our California employment lawyers today by calling 213-293-6692 or emailing intake@seligsonlaw.com. We will listen to your story, explain your legal options, and help you take the next step toward justice.
FAQs
- What qualifies as workplace harassment in California?
Workplace harassment occurs when unwelcome conduct based on a protected characteristic, such as race, gender, age, disability, or sexual orientation, creates a hostile, intimidating, or offensive work environment. It does not have to involve physical contact to be illegal.
- Can harassment come from someone who isn’t my direct supervisor?
Yes. Harassment can come from supervisors, coworkers, contractors, clients, or even customers. If the conduct affects your work environment and your employer fails to address it, it can still be unlawful.
- Do I need to be fired or demoted to file a harassment claim?
No. You can have a valid claim even if you keep your job. If harassment makes it difficult to perform your duties or causes emotional distress, you may still be entitled to compensation.
- How should I document workplace harassment?
Keep a written record of incidents, including dates, times, locations, what was said or done, and any witnesses. Save relevant emails, text messages, or other communications that support your case.
- What should I do if I experience harassment at work?
Report the harassment to your employer or HR department in writing, following your company’s policy. If the harassment continues or your employer fails to take action, contact an employment lawyer to discuss your legal options.
- How long do I have to file a workplace harassment claim in California?
In most cases, you have three years from the date of the last incident to file a claim with California’s Civil Rights Department (CRD). Speaking with an attorney as soon as possible can help preserve evidence and strengthen your case.
