Every week, employees call my office convinced they are being harassed at work. Many of them are. But just as often, what they’re describing is general mistreatment, unfair treatment, or a toxic boss. In other words, behavior that feels awful but doesn’t always rise to the level of severe vs. pervasive sexual harassment in California. That confusion is common.
I’m Matt Ruggles, and I’ve been practicing California employment law for more than 30 years. I’ve represented countless employees in harassment cases including sexual harassment, harassment based on race, disability, and other protected characteristics. Over the years, I’ve seen how often people misunderstand what “harassment” really means in the legal sense.
That’s why I decided to write this blog. One of the most important things employees need to know is that, under California’s Fair Employment and Housing Act (FEHA), harassment must be either severe or pervasive to be unlawful. Not both. One or the other is enough.
In the sections that follow, I’ll explain exactly what severe harassment looks like, what pervasive harassment looks like, and how this standard applies in real California workplaces.
California Sexual Harassment Law: The Severe or Pervasive Standard
California’s Fair Employment and Housing Act (FEHA for short) sets the rules here. Under Gov. Code §12940(j), harassment in the workplace is unlawful when it targets an employee because of a protected category, including sex, gender, disability, race, or religion, among others.
Illegal harassment under the FEHA has both an objective and a subjective component. The objective component draws the line at conduct that a reasonable person would see as creating a hostile, offensive, or intimidating work environment. That means it isn’t about whether your boss insists they were “just joking.” The question is whether the conduct would make a typical employee feel harassed, degraded, or unable to do their job. The subjective component determines whether the person subjected to the harassment actually was offended. Claims that fail to meet the subjective component of FEHA harassment most commonly fail because the person complaining about alleged “harassment” participated in the misconduct when it was happening. In other words, a claim for sexual harassment will fail if the accused can demonstrate that you voluntarily participated in the sexual banter, the inappropriate touching, etc.
It’s also important to understand how California law compares to federal law. Title VII of the Civil Rights Act sets a baseline, but California courts have gone further. They’ve made clear that FEHA is meant to be more protective than Title VII. In other words, what might not qualify as illegal harassment in federal court could still be actionable here in California.
That stronger protection is deliberate. The California legislature wanted employees to have more than just a minimal shield from workplace abuse. Under FEHA, employees don’t have to show that the harassment was both severe and pervasive, one or the other is enough.
What Counts as Severe Sexual Harassment in California?
When courts talk about “severe” harassment, they mean a single incident so extreme that it crosses the legal line all by itself. You don’t need months of repeated misconduct. One act can be enough if it is serious enough.
Think of examples like these:
- A physical assault or unwanted sexual touching.
- A supervisor making an explicit sexual proposition in exchange for job benefits.
- A threat laced with sexual intimidation.
- Graphic pornography shoved in your face in the workplace.
Those are not “offhand comments” or “bad jokes.” They’re serious violations of your dignity that California law recognizes as unlawful.
Here’s the key point for employees: you don’t need to wait for a pattern. If what happened was shocking or extreme, it already meets the standard. FEHA is designed to protect employees from both the slow grind of daily harassment and the one-time incident that leaves a lasting scar.
What Counts as Pervasive Sexual Harassment in California?
Most harassment cases don’t involve a single explosive event. They involve conduct that repeats and wears you down over time. That’s what the law calls “pervasive” harassment i.e. ongoing behavior that creates a hostile work environment through sheer repetition.
Examples of pervasive harassment include:
- Daily sexual jokes, innuendo, or comments that become the background noise of your workday.
- Repeated unwanted flirting or pressure for dates that never lets up.
- A pattern of touching, staring, or sending inappropriate texts that makes you dread showing up to work.
Each incident on its own might seem “minor.” But California courts look at the cumulative effect. The law recognizes that harassment doesn’t have to be a single, headline-grabbing act. It can be the drip, drip, drip of constant misconduct that adds up to a toxic workplace.
Judges and juries consider frequency, duration, and setting. Was it once a month or every day? Was it behind closed doors or in front of coworkers? Did it last a week or drag on for years? All of that matters when deciding whether harassment is pervasive.
If you’re wondering how subtle conduct like rumors or secondhand comments can still violate the law, read my blog Indirect Sexual Harassment is Illegal in California.
When Are California Employers Liable for Sexual Harassment?
Under California’s Fair Employment and Housing Act (FEHA), employers don’t get a free pass when harassment happens. They have clear legal duties to prevent, investigate, and correct harassment in the workplace. And here’s the critical point: once harassment is proven, an employer’s liability depends on who committed it.
If the harasser is a supervisor, the employer is automatically on the hook. That’s called strict liability. It doesn’t matter if the company had no prior knowledge or if HR claims they didn’t know. If your boss or manager (or anyone with authority over your work conditions that qualifies as a supervisor) engages in harassment, your employer is legally responsible under Gov. Code §12940(j)(1).
If the harasser is a coworker, the standard shifts. The employer is liable if it knew, or reasonably should have known, about the harassment and failed to act. That means if you complained to HR or management and they sat on their hands, your employer can’t dodge accountability. Even if you never complained formally, if the misconduct was obvious enough that management “should have known,” the employer may still be liable.
FEHA goes further than many employees realize. It even covers harassment by non-employees including clients, customers, vendors, contractors if the employer knew or should have known about it and failed to take immediate corrective action.
Employers often try to hide behind policies written in their handbooks. But a policy on paper means nothing if it isn’t enforced. California law looks at what the employer did, not what it printed. If HR ignored complaints, brushed them off, or retaliated against you for speaking up, that failure is itself a violation of FEHA.
Bottom line: if you are harassed, your employer cannot wash its hands of responsibility by pointing to a handbook. They have a duty under California law to protect you, and if they don’t, you may have a legal claim.
For a deeper explanation of when companies can be held liable for misconduct, read my blog When Is an Employer Responsible for Sexual Harassment?
Myths About Sexual Harassment in California Workplaces
Over the years, I’ve heard the same myths from employees again and again. Let’s clear a few of them up.
Myth #1: “If it only happened once, I have no case.”
That’s not true. If the incident is severe enough, one time is enough under California law.
Example: A supervisor corners you at a work event, grabs you, and makes a sexual proposition. That one incident is severe harassment – it doesn’t need to happen again for the law to recognize it as unlawful.
Myth #2: “It has to ruin my career for it to count.”
Wrong. The legal standard isn’t whether harassment cost you your job. It’s whether it created a hostile or abusive environment for a reasonable person.
Example: You’re still employed, but your coworker makes daily sexual jokes, and now you dread going into the office. That’s harassment, even if you haven’t been demoted or fired.
Myth #3: “It doesn’t count if it happens after hours or offsite.”
False. Work-related settings don’t have to be inside the office to be covered.
Example: You’re at a company-sponsored retreat or holiday party, and a manager makes sexually explicit comments. That’s just as much workplace harassment as if it happened in the break room.
The law is broader than most employees realize. If the conduct is tied to your work and it’s severe or pervasive, it can qualify as harassment under FEHA even if the employer wants you to believe otherwise.
If you’re weighing whether to take legal action now or wait until after leaving your job, read my blog Should I File a Sexual Harassment Lawsuit While Still Employed?
What California Employees Should Do If Harassed at Work
If you believe you’re being harassed at work, don’t sit back and hope it goes away. Silence only benefits the employer. Here’s what you should do:
Step 1: Document everything.
Write down dates, times, locations, what was said or done, and who was there. Save texts, emails, voicemails, or photos. Keep your notes in a safe place outside of work. A good paper trail makes your story credible and much harder for an employer to deny.
Step 2: Report it internally if it’s safe to do so.
Most companies require you to report harassment to HR or a supervisor. If you feel you can safely make that report, do it in writing so there’s a record. If reporting internally would put you at risk of retaliation, talk to a lawyer first about your options.
Step 3: Get legal advice before signing anything.
Employers sometimes dangle settlement agreements, severance packages, or “confidentiality” forms after harassment claims. Don’t sign a thing until you’ve had an employment lawyer review it. Those documents are written to protect the company, not you.
For a step-by-step guide on what to do the moment harassment happens, read my blog How Should I Respond to Sexual Harassment?
Frequently Asked Questions About Severe vs. Pervasive Sexual Harassment in California
What does severe vs. pervasive sexual harassment in California really mean?
It means harassment is unlawful under FEHA if it is either severe (a single extreme incident like assault) or pervasive (a pattern of ongoing misconduct). Employees don’t have to prove both.
What counts as severe sexual harassment in California workplaces?
Severe harassment is usually one incident so serious that it crosses the legal line by itself. Examples include sexual assault, a supervisor demanding sexual favors, or a threat involving sexual intimidation.
What is considered pervasive sexual harassment in California?
Pervasive harassment refers to repeated conduct over time that creates a hostile environment. Daily sexual jokes, repeated unwanted flirting, or ongoing inappropriate texts can add up to unlawful harassment.
How does California sexual harassment law define the severe or pervasive standard?
California law under Gov. Code §12940(j) prohibits harassment that a reasonable person would find hostile or abusive. Unlike federal law, California does not require you to show both severe and pervasive—one is enough.
Can you give examples of severe vs. pervasive sexual harassment in California?
Yes. Severe: a sexual assault in the workplace. Pervasive: months of daily sexual jokes or constant leering by a coworker. Both qualify as unlawful under California law.
When are California employers liable for sexual harassment?
Employers are strictly liable when harassment comes from a supervisor. For coworkers, they’re liable if they knew or should have known and failed to act. Employers can even be liable for harassment by clients or vendors if they ignored it.
What should California employees do if they are harassed at work?
Document everything, report internally if safe, and get legal advice before signing anything. Don’t assume it has to be both severe and pervasive. One or the other is enough to trigger legal protection.
Contact a California Sexual Harassment Lawyer Today
At Ruggles Law Firm, I tell clients this all the time: you don’t need to be the one making the fine legal distinctions about “severe” versus “pervasive.” That’s my job. Your job is to act quickly, protect your rights, and put yourself in the strongest position possible.
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 evaluation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
