Last Updated: October 2026
Many employees experience inappropriate or offensive behavior at work and wonder whether it rises to the level of unlawful workplace harassment. While not every unpleasant workplace interaction violates California law, workplace harassment based on a protected characteristic may be unlawful under the California Fair Employment and Housing Act (FEHA).
Understanding the difference between unlawful workplace harassment and ordinary workplace conflict is an important first step in protecting your rights.
The Law
The California Fair Employment and Housing Act (Government Code section 12940) prohibits unlawful workplace harassment based on protected characteristics, including race, religion, national origin, ancestry, disability, medical condition, sex, gender, gender identity, gender expression, sexual orientation, age, military or veteran status, and other characteristics protected by California law.
California law recognizes that workplace harassment is evaluated based on the specific facts and circumstances of each case. Whether conduct constitutes unlawful harassment depends on a variety of factors, including the nature of the conduct, the frequency of the conduct, and whether it is based on a protected characteristic.
What This Means
Not every unpleasant workplace interaction constitutes unlawful harassment. However, employees have the right to work in an environment free from unlawful harassment prohibited by California law.
If you believe you are experiencing workplace harassment, understanding your rights under California law is an important first step.
Employee Tip
If you believe you are experiencing workplace harassment, keep copies of relevant documents and communications, document important events, and preserve any evidence that may relate to your concerns.
If you have questions about whether conduct in your workplace may constitute unlawful harassment, consider consulting with a qualified employment attorney to better understand your rights under California law.
Questions about workplace harassment or your rights as a California employee?
Contact Sandra Pultz Law to discuss your situation and legal options.
Authorities
- California Government Code § 12940 (Fair Employment and Housing Act)
- California Government Code § 12923
- California Code of Regulations, Title 2, §§ 11023–11024
About the Author
Sandra Pultz, Esq. is an attorney representing injured workers, employees, and first responders throughout California. Her practice focuses on workers’ compensation, critical incident response, discipline defense, and employment law.
Disclaimer
This article is provided for informational and educational purposes only and is not intended as legal advice. Viewing, reading, or interacting with this content does not create an attorney-client relationship with Sandra Pultz Law. You should not act or refrain from acting based on the information contained herein without first consulting an attorney regarding your specific circumstances. Please do not send confidential or sensitive information through this website, social media, email, or other electronic communications until an attorney-client relationship has been established
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