In California, workplace harassment under the Fair Employment and Housing Act (FEHA) is unwelcome conduct connected to a protected characteristic. It can be verbal, visual, or physical, and a single incident may qualify if it is sufficiently severe. You can report concerns through your employer’s procedure, submit an intake to the California Civil Rights Department (CRD), or do both. This guide reflects CRD materials available as of October 2026 and provides general information, not a legal determination about any particular situation.
What counts as workplace harassment under California law?
FEHA prohibits workplace harassment based on protected characteristics. CRD lists race, color, ancestry, national origin, religion, age 40 or older, disability, sex and gender-related characteristics, sexual orientation, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision-making. Harassment protections apply even in workplaces with fewer than five employees; the separate general FEHA employment-discrimination prohibition described by CRD applies to employers with five or more employees. See CRD’s employment guidance.
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For sexual harassment, CRD describes unwanted advances and visual, verbal, and physical conduct, including conduct tied to sex or gender. Conduct need not be directed at you personally to be relevant; consider the setting and circumstances rather than relying on a label alone.
Examples CRD identifies
- Leering, sexual gestures, or sexually suggestive pictures or objects.
- Derogatory sexual comments, epithets, slurs, jokes, or graphic comments about someone’s body.
- Unwanted touching, assault, or impeding or blocking a person’s movement.
- Offering employment benefits in exchange for sexual favors, or retaliating after someone rejects sexual advances.
CRD says its examples are not exhaustive. Unpleasant behavior, workplace conflict, or an insensitive comment is not automatically unlawful harassment. The legal assessment depends on context and facts. But you do not have to settle the legal question before raising a concern with your employer or starting CRD intake.
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Can one incident count?
Yes. CRD training materials explain that one incident can constitute hostile-environment harassment when it is sufficiently severe; the materials give sexual assault and racial epithets or slurs as examples. Repeated conduct is not always required, but not every isolated offensive remark meets the legal threshold. Context matters. See CRD’s harassment-prevention training slides.
Where can you report workplace harassment?
Two common routes are an internal report to your employer and an intake with CRD. They serve different purposes and are not mutually exclusive.
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| Route | Recipient and purpose | What to prepare | Deadline or next step |
| Employer procedure | Your employer’s designated contact or reporting channel; intended to prompt a workplace response under its policy. | A clear account of what happened, when and where, who was involved, witnesses, and available records. | Follow the employer’s written policy promptly. An internal report does not replace the separate option of CRD intake. |
| CRD intake | California Civil Rights Department; the agency assesses whether the allegations present a covered civil-rights claim. | Information about the events and parties, plus relevant records if available. You may begin before you have everything. | Generally submit the employment intake within three years of the date you were last harmed. A direct court case requires an immediate Right-to-Sue notice from CRD first. |
CRD’s March 2025 employer guide says employers must maintain and distribute a written anti-harassment policy with procedures to respond to and investigate complaints. CRD states that reports alleging conduct that would violate policy or law should be investigated. The agency describes the employer’s obligation this way: “An employer’s legal obligation is to take reasonable steps to prevent and correct unlawful behavior.”
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- Go to CRD’s Complaint Process page and begin an intake through the California Civil Rights System, or use another intake method listed there.
- Submit the employment intake within the general deadline of three years from the date you were last harmed. If you are considering filing an employment case directly in court, request an immediate Right-to-Sue notice from CRD first; review the agency’s process information for the applicable steps.
- Give a factual account of the conduct and identify relevant people and events as accurately as you can. You can start before every detail or document is available and add information later.
- Follow CRD’s instructions about what happens after intake. Intake is not a finding that your employer violated the law; CRD may assess the matter, attempt resolution, or pursue a case. The agency investigates covered civil-rights allegations but does not represent you or act as your personal legal advisor.
What information and records should you keep?
Prepare a dated account while events are fresh, and preserve relevant material in its original form. Useful information may include:
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- Dates, approximate times, locations, and what happened or was said.
- Names and contact details for witnesses, if known.
- Relevant emails, texts, messages, screenshots, letters, reprimands, transfer notices, or other employment records.
- For later workplace changes, the date and details of any discipline, schedule change, denial of promotion, threat, or other action after you raised the concern.
Keep originals and do not alter records. CRD says you can begin online intake before gathering everything and add information later. Avoid delaying solely because you do not yet have a complete file.
What if your employer retaliates?
Retaliation for speaking out against conduct you reasonably believe is illegal may itself be unlawful. CRD’s June 2025 retaliation fact sheet identifies speaking out against harassment or discrimination, asking CRD for advice, filing a complaint, and participating in an investigation as examples of protected activity. Possible retaliation can include firing, discipline, denial of promotion, schedule changes, or threats connected to that activity; whether a particular action is unlawful depends on the facts.
You do not need special legal terminology to oppose workplace misconduct. CRD advises making clear that you believe the employer may have violated the law. Keep a record of subsequent employment changes and when they occurred. That documentation can help describe the sequence of events; it does not by itself establish that an action was unlawful.
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When to seek individualized help
Consider getting advice specific to your circumstances if you are weighing a court case, face an immediate safety concern, or are unsure how a deadline applies to your situation. CRD’s complaint-process guidance explains the agency route and its limits, but CRD does not serve as your personal legal advisor.
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