What are my rights against workplace harassment in California?
1. Federal Floor. Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e) prohibits workplace harassment based on protected traits for employers with 15+ employees. Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), first recognized hostile-work-environment sexual harassment.
2. State Statute & Agency. California's Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940 et seq., is enforced by the Civil Rights Department (CRD, formerly DFEH). FEHA covers harassment claims against employers with 1 or more employees, far broader than Title VII.
3. Standard for Hostile Work Environment. SB 1300 (2018), codified at Gov. Code § 12923, declared that "a single incident of harassing conduct is sufficient" to create a triable issue if it unreasonably interferes with work. California explicitly rejected the federal "stray remarks" doctrine.
4. Protected Categories. Race, religious creed, color, national origin, ancestry, physical/mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40+), sexual orientation, military/veteran status, and reproductive health decisionmaking.
5. Quid Pro Quo vs Hostile Environment. Under Faragher v. City of Boca Raton, 524 U.S. 775 (1998), and Burlington Industries v. Ellerth, 524 U.S. 742 (1998), quid pro quo involves a tangible employment action conditioned on submission; hostile environment requires no tangible action.
6. Employer Liability. Strict liability for supervisor harassment causing tangible employment action. For supervisor harassment without tangible action, the Faragher/Ellerth affirmative defense requires reasonable preventive measures and unreasonable failure to use them.
7. Mandatory Training. Gov. Code § 12950.1 requires employers with 5+ employees to provide 2 hours of sexual-harassment training to supervisors and 1 hour to non-supervisors every 2 years.
8. Filing Deadline. EEOC: 300 days. CRD: 3 years from the last act (AB 9, effective 2020).
9. NDA Restrictions. SB 820 (Code of Civ. Proc. § 1001) bans confidentiality provisions in settlements of sexual-harassment, sex-discrimination, or retaliation claims.
This is legal information, not legal advice.
- You suffered a tangible employment action (termination, demotion, denial of promotion) after rejecting advances
- Your employer presents an NDA or severance that purports to silence sexual-harassment claims
- Harassment continues after you reported it through internal channels
- Cal. Gov. Code § 12940 (FEHA)
- Cal. Gov. Code § 12950.1
- Cal. Code Civ. Proc. § 1001 (SB 820)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.