Workplace harassment is one of the most common – and most under-reported – problems American employees face. Between 2018 and 2021, the US Equal Employment Opportunity Commission (EEOC) reported nearly 100,000 charges of workplace harassment (with 27,000 of those claiming sexual harassment) and recovered almost $300 million for 8,147 people during that same period. But the problem has not gone away. In 2025, the EEOC reported a record $660 million recovered for 17,680 victims of workplace discrimination and harassment.
California has some of the strongest protections for workers in the country. But those protections only work if they are enforced – and they generally come with deadlines. Here’s a practical, step-by-step guide on what to do if you believe you’re being harassed at work.
What Counts as Workplace Harassment Under California Law?
The EEOC defines harassment as “unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information.”
This conduct becomes unlawful harassment when 1) your acceptance of it becomes a condition for keeping your job, or 2) it creates a work environment that’s intimidating, hostile, or abusive.
California’s Fair Employment and Housing Act (FEHA) goes beyond federal law in a couple different ways:
- Company size doesn’t matter. FEHA’s harassment provisions apply to employers of virtually any size – not just those with five or more employees.
- A single incident can be enough. California law recognizes that one sufficiently serious act of harassment can create a valid hostile work environment claim. You don’t have to endure months of abuse before the law takes it seriously.
- Individual harassers can be personally liable. Supervisors and coworkers can be held responsible for their own actions and conduct, not just the business.
Harassment also doesn’t have to happen at a physical job site to be actionable . Texts, emails, Slack DMs, video calls, social media, and even incidents at a work event or otherwise outside of work can all count.
Types of Workplace Harassment
Harassment shows up in many forms. Common categories include:
- Sexual harassment – unwelcome conduct of a sexual nature
- Quid pro quo harassment – when a job benefit is conditioned on submitting to sexual demands
- Hostile work environment harassment – conduct based on a protected characteristic that is severe or pervasive enough to interfere with your ability to work
- Gender harassment – mistreatment based on gender, gender identity, or gender expression
- Pregnancy harassment – unfair treatment tied to pregnancy, childbirth, or related conditions
- Workplace bullying – repeated intimidating, demeaning, or abusive conduct, which can be actionable if based on a protected characteristic
Harassment based on race, national origin, religion, age (40+), disability, or medical condition is equally unlawful.
Step 1: Start Documenting Immediately
Before anything else, start a written record – and keep it somewhere your employer can’t access, like a personal notebook or personal email account. For each incident, note the date, time, location, exactly what was said or done, who else was present, and how it affected your work. Save texts, emails, photos, and voicemails. Detailed notes are some of the strongest evidence you can have.
Step 2: Ask Your Harasser to Stop
The EEOC advises employees to “inform the harasser directly that the conduct is unwelcome and must stop.” But only do this if you feel safe and comfortable.
Step 3: Review Your Anti-Harassment Policy
California employers are required to maintain and distribute a written anti-harassment policy that explains how to complain and how complaints are investigated. Check your employee handbook or look for a posting in employee spaces like a break-room. You can also reach out to your supervisor and/or HR department if you have trouble locating it.
According to California law, all employers with at least five employees must train employees on sexual harassment and abusive conduct prevention. The law requires one hour of training for employees in non-supervisory roles and two hours of training for supervisory employees, conducted every two years.
Follow the steps outlined in the policy. You should have several options for reporting and escalating your harassment claim, including filing an official complaint.
Step 4: Report It In writing
Follow the reporting steps in your company policy and promptly report harassment. If there is no policy, report to HR, your supervisor, the harasser’s supervisor, or any manager you trust.
But make sure to put it in writing! A dated email creates a record that your company was made aware of what was happening. Once notified, your employer has a legal duty to investigate promptly, impartially, and thoroughly, and to take reasonable corrective action. If they don’t, they can be held liable.
Step 5: File a Complaint With the CRD or the EEOC
If your employer won’t act – or you don’t feel safe reporting internally – you can file with a government agency.
- California Civil Rights Department (CRD): Employment complaints must generally be filed within 3 years of the last incident. You can go through CRD’s online complaint process or request a right-to-sue notice so you can file a lawsuit yourself. If you decide to go the right-to-sue route, you generally have 1 year from the date of that notice to file suit.
- EEOC: The federal filing window is 180 days. In California, you have up to 300 days.
These deadlines are strict. Missing one can end an otherwise strong case, which is why it’s worth getting advice early rather than late.
Remember – Retaliation Is Illegal
Fear of retaliation is the single biggest reason people stay silent. But it’s not an irrational fear. 43.5% of sexual harassment charges filed with the EEOC between 2018 and 2021 also alleged retaliation.
It is unlawful for your employer to punish you for reporting harassment, participating in an investigation, or filing a charge. And retaliation isn’t just firing or demotion. As the CRD notes, it can include negative performance reviews, increased workloads, reassigned projects or even unfavorable changes in your schedule.
If something changes for the worse after you report, make sure you document and report that too.
When to Talk to an Employment Attorney
If you feel that you’re experiencing harassment in any way at work, it’s also smart to reach out to a local employment attorney. This legal expert can review your situation and determine if it can be classified as harassment.
Then, they’ll help you complete the steps required to file a claim and make sure your voice is heard. Your attorney will be familiar with California’s workplace harassment laws and will help you understand how they apply to your situation. They know that you have the right to fair treatment and equal benefits in the workplace, and will defend you against hostile or discriminatory acts that threaten your health, safety, or security.
Know Your Rights – and Use Them
You have the right to work without being harassed, the right to report harassment, and the right to be free from retaliation for speaking up about harassment. Those rights are only as strong as your willingness to enforce them – and you don’t have to figure it out alone.
If you have questions or you believe your rights are being violated, our employment attorneys at Matern Law Group are here to help. Contact us today for a free, confidential case evaluation.
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Sources:
- EEOC – Harassment
- EEOC – Sexual Harassment in Our Nation’s Workplaces (FY 2018–FY 2021 data)
- EEOC – EEOC Highlights Record-Breaking Results in Agency Reports (FY 2025)
- CRD – Complaint Process
- CRD – Harassment Prevention Guide for California Employers (2025)
- CRD – Sexual Harassment Prevention Training