Many California employees who believe they’re the victim of workplace harassment are surprised to learn that what they’re dealing with, while aggravating or even offensive, may not qualify as illegal harassment under California law. That’s because not all bad behavior at work crosses the line into illegal workplace harassment. Under California law, the Fair Employment and Housing Act (FEHA) prohibits two main types of workplace harassment: sexual harassment, and harassment based on a protected characteristic such as race, religion, disability, age, or gender identity. For harassment to violate FEHA, the behavior must be either severe or pervasive enough to interfere with your ability to do your job. In short, FEHA protects employees from both sexually motivated conduct and conduct rooted in bias against any legally protected category.
I’m Matt Ruggles, a California employment attorney with over 30 years of experience litigating harassment, discrimination, and retaliation claims under FEHA. Over the decades, I’ve seen clear patterns in how illegal harassment actually shows up in the workplace and how often it gets confused with workplace friction that just doesn’t rise to the legal standard.
In this blog, I lay out common examples of what unlawful harassment looks like in California. I break it down by type: sexual harassment, disability harassment, pregnancy harassment, religious harassment, and age harassment. If you’re trying to figure out whether what’s happening to you is unlawful, seeing these examples in context is an easy way to gain a better understanding of illegal workplace harassment.
Illegal Harassment Type #1: Sexual Harassment
Sexual harassment in California workplaces falls into one of two categories: “quid pro quo” sexual harassment or hostile work environment sexual harassment. Both are illegal under FEHA and can support a strong legal claim if the facts are properly documented.
Quid Pro Quo Sexual Harassment
Under FEHA, quid pro quo sexual harassment occurs when a person in a position of authority demands sexual favors in exchange for job benefits, or threatens negative consequences if those demands are refused. The phrase quid pro quo is Latin for “this for that,” and that’s exactly what the law prohibits: conditioning employment terms on submission to sexual conduct.
Quid pro quo harassment always involves a supervisor, manager, or someone with power over the victim’s job. The pattern often looks like this: a boss offers special treatment such as plum assignments, flexible scheduling, promotions, or gifts, and later makes it clear that those perks come with strings attached. For example:
- A manager says to an employee, “If you want this promotion, you’ll need to meet me for drinks after work and more.”
- A supervisor warns, “If you don’t socialize with me, I’m going to write you up,” if the implication is that “socializing” means flirting, etc.
These cases frequently begin in social settings tied to work such as conferences, offsite retreats, or after-hours events where alcohol lowers inhibitions and boundaries are crossed. But it only takes one incident to qualify as quid pro quo if a tangible employment action follows, such as a demotion, loss of hours, or termination.
Hostile Work Environment Sexual Harassment
Hostile work environment sexual harassment is the most common form of sexual harassment, and it’s fundamentally different from quid pro quo sexual harassment. Unlike quid pro quo harassment, which involves explicit demands tied to job benefits or threats, hostile work environment harassment is about persistent, unwelcome behavior that creates an abusive or offensive work environment, regardless of whether a job benefit is at stake.
Under FEHA, hostile work environment sexual harassment occurs when the conduct is based on sex or gender and is either severe or pervasive enough to interfere with an employee’s ability to do his or her job. It doesn’t need to come from a supervisor. Coworkers, subordinates, vendors, or even customers can be responsible, and a single incident, if extreme enough, can be sufficient to support a legal claim.
Common examples include:
- Repeated sexual comments about someone’s appearance
- Crude jokes that involve sex or gender;
- Unwanted sexual texts or messages;
- Inappropriate touching or suggestive gestures;
- A workplace where pornographic material is visible or shared either out in the open or by text message, email messages, or other internet-based material; or
- Being asked to sit on a colleague’s lap or engage in flirtatious behavior to “keep things light.”
What matters is whether the behavior creates a working environment that a reasonable person would find hostile, intimidating, or offensive, and whether it actually disrupts your ability to do your job.
What’s Not Sexual Harassment
Not every bad interaction at work is illegal. A one-time awkward joke or a coworker asking you out for a drink and respecting your answer isn’t harassment. Even an off-color comment won’t qualify unless it’s extremely severe (for example: a threat) or happens often enough to poison the workplace.
Although the FEHA prohibits illegal harassment, it isn’t a workplace civility code, and it doesn’t protect you from having a boss who’s an insensitive jerk. It protects you from unlawful harassment based on sexual conduct or a protected characteristic. A consensual workplace relationship that ends badly does not, by itself, create a claim for harassment. Likewise, unfair, unwise or a ridiculous boss does not automatically qualify as harassment unless the unfair, unwise or ridiculous behavior is based on a legally-protected characteristic.
To learn more about how to respond if you’re experiencing sexual harassment at work, read my blog, “How Should I Respond to Sexual Harassment?”
Illegal Harassment Type #2: Disability Harassment
Disability harassment targets an employee’s physical, mental, or medical condition—whether actual or perceived. Under the FEHA, this includes not just overt hostility, but also subtle, persistent behavior that undermines or demeans someone because of his or her condition.
It often shows up as constant questioning about your limitations. For example: “When are you coming back? Can’t you just push through it?” It’s a manager repeatedly asking, “Are you sure you can handle this job with your bad back?” Or coworkers imitating your stutter in meetings and turning it into the punchline of office jokes.
Disability harassment also includes an employer doubting the legitimacy of your medical needs, complaining about having to accommodate you, or suggesting you’re faking it. It’s the gossip in the office that you’re just milking your condition for time off. It’s coworkers grumbling, “Must be nice to take all that time off,” after you request leave for cancer treatment. And it’s being pressured to return to work before your doctor says you’re ready.
This kind of behavior may not always seem aggressive on the surface, but when it becomes constant, targeted, or tied to decisions about your job, it can cross the line into unlawful harassment under California law.
What’s Not Disability Harassment
Workplace expectations still matter. Employers can ask for documentation, set legitimate performance standards, and require that you meet the essential functions of the job. If you can’t, they’re not required to lower the bar. And no, there’s no legal right to light duty in California except in specific cases like pregnancy.
Category #3: Pregnancy Harassment: The “She Can’t Handle It” Mentality
Pregnancy harassment happens when an employee is targeted for being pregnant, having a pregnancy-related condition, or requesting accommodations. It often comes disguised as concern: “She’s going to be out soon, so let’s not give her the important assignments.” It’s the boss assuming you can’t handle the job because you’re pregnant, excluding you from meetings, and sidelining you after you request modified duties.
Sometimes it shows up as inappropriate jokes, like a supervisor saying during meetings, “Better not give her that project, she might leave us hanging any day now.” Other times, it’s more subtle but just as damaging, like being stripped of responsibilities or passed over for opportunities the moment your pregnancy becomes known.
Coworkers may also contribute to the hostile environment by complaining that you’re getting special treatment, or accusing you of exaggerating for extra breaks or time off. This type of behavior, whether overt or underhanded, can amount to unlawful harassment if it interferes with your ability to do your job or results in adverse treatment.
California law makes it clear: being pregnant does not mean you’re any less capable of doing your job, and it certainly doesn’t justify being pushed aside or treated differently.
What’s Not Pregnancy Harassment
A supervisor asking for a doctor’s note or confirming your due date isn’t harassment. A single, awkward comment congratulating you is probably not harassment. But when the pattern is exclusion, gossip, or unfair assumptions about your ability to do the job, that’s when it crosses the line.
To understand your rights as a pregnant employee under the new federal protections, read my blog, “Pregnant Workers’ Fairness Act: A Guide for Pregnant Employees.”
Category #4: Religious Harassment
Religious harassment targets an employee’s beliefs, practices, or observances. It includes the jokes, the taunts, and the disrespect that make someone feel out of place because of their faith. It can come from a supervisor, a coworker, or anyone else in the workplace.
For example, a manager might repeatedly mock an employee for wearing a hijab and call it “a distraction.” Coworkers might pressure someone to join them for after-work drinks, even after the employee has explained that it conflicts with their religious beliefs. A supervisor might say, “You people and your holidays, you’re always asking for time off,” implying that religious observances are an inconvenience.
Sometimes the harassment is loud and obvious. Other times it is quieter but just as damaging, like teasing, dismissive comments, or visible irritation every time you request an accommodation based on your religion. Whether direct or subtle, this kind of conduct can create a hostile work environment when it targets someone’s religion. Under California law, you are not required to put up with it.
What’s Not Religious Harassment
Casual, respectful conversations about religion aren’t harassment. Neither is an employer asking about scheduling conflicts for a religious holiday. But if the jokes and comments keep coming, or you’re treated differently because of your faith, it could be illegal workplace harassment.
Category #5: Age Harassment: When “Old” Becomes a Punchline
FEHA protects employees who are 40 or older from harassment based on age. Age harassment isn’t just about being older. It’s about being singled out because of it. It shows up in the snide comments during meetings, like “Grandpa can’t keep up,” or a manager repeatedly calling a 62-year-old employee “grandpa” and joking that he’s too slow.
It’s coworkers suggesting you should retire already or excluding you from team events because they assume you “wouldn’t enjoy it anyway.” It’s an employer telling older workers during a reorganization that they should “step aside for the younger generation.”
Sometimes the pressure is obvious, and sometimes it’s quiet and calculated. Either way, California law makes clear that age-based mockery, exclusion, or marginalization can amount to unlawful harassment when it affects your work environment or job opportunities.
What’s Not Age Harassment
Discussing retirement benefits, asking your age for legitimate business reasons, or making an isolated comment about your experience isn’t harassment. The key is whether the behavior is frequent, severe, or both, and whether it creates a hostile work environment.
FREQUENTLY ASKED QUESTIONS ABOUT WORKPLACE HARASSSMENT
How do I know if workplace behavior crosses the line into illegal harassment?
Not every rude or inappropriate comment is illegal. For conduct to qualify as unlawful harassment under FEHA, it must be based on a protected category like sex, race, disability, age, or religion and must be either severe or happen frequently enough to create a hostile work environment. One-time, mildly offensive remarks usually don’t qualify unless they’re especially extreme. Persistent mistreatment tied to your identity or condition is where the law steps in.
Is joking or teasing considered workplace harassment in California?
It can be. Occasional teasing or awkward jokes may not rise to the level of harassment unless they are severe or happen regularly. For example, a single offhand comment is usually not enough. But repeated jokes about someone’s pregnancy, age, religion, or disability, especially from a manager or in front of others, can create a hostile work environment and violate California law.
Can workplace harassment happen outside of the office, like at happy hour or a company retreat?
Yes. Under California law, harassment doesn’t have to happen at your desk to be illegal. If the conduct occurs in work-related settings, such as after-hours events, conferences, or company-sponsored outings, and it affects your job or creates a hostile environment, it can still be unlawful. This includes inappropriate behavior by supervisors, coworkers, or even clients during offsite activities.
What should I do if I experience workplace harassment in California?
Start by documenting the behavior including dates, times, who was involved, and what was said or done. Then report it internally, following your company’s harassment policy. If the harassment continues or your employer fails to take it seriously, you may have grounds to file a complaint with California’s Civil Rights Department (CRD). You can also consult an employment attorney to evaluate your legal options.
Final Thoughts
Workplace harassment isn’t always obvious, but it leaves a clear pattern. It’s about behavior tied to a protected status—sex, disability, pregnancy, religion, or age—that makes it impossible to do your job without feeling intimidated, humiliated, or excluded. If that’s happening to you, call us at Ruggles Law Firm. We’ll help you cut through the noise, understand your rights, and fight for the justice you deserve.
If you think you’re being harassed at work and want to know your options, read my blog, “What Should I Do If I Experience Workplace Harassment?”
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
