What is considered workplace harassment under California law?

California’s Fair Employment and Housing Act (FEHA) prohibits harassment based on any protected characteristic, including race, sex, gender identity, sexual orientation, religion, national origin, disability, age (40+), and several others. Workplace harassment can take two forms:

Quid pro quo harassment occurs when a supervisor conditions employment benefits (promotions, assignments, continued employment) on submitting to unwelcome conduct, typically sexual in nature.

Hostile work environment harassment occurs when unwelcome conduct based on a protected characteristic is severe or pervasive enough to create an abusive working environment. This can include offensive jokes, slurs, physical intimidation, threats, or displaying offensive materials.

A single incident can constitute harassment if it is sufficiently severe (such as a physical assault or a highly offensive epithet). Employers are strictly liable for harassment by supervisors and may be liable for harassment by coworkers if they knew or should have known and failed to take corrective action.