Matt Ruggles is a California employment attorney with over 30 years of experience litigating workplace harassment cases. Matt has litigated claims under the Fair Employment and Housing Act (FEHA) in courts and before administrative agencies and helped workers assert their rights when subjected to unlawful treatment on the job. Matt wrote this blog to help employees better understand when workplace mistreatment (including bullying) crosses the line into illegal harassment.
Introduction
The vast majority of employees who call our office to report harassment are not actually experiencing conduct that is unlawful under California’s Fair Employment and Housing Act (FEHA). While many callers describe behavior that is hostile, unprofessional, or even cruel, it often does not meet the legal standard for harassment under the FEHA. In most cases, the problem being reported is best described as workplace bullying. Bullying is demeaning or abusive conduct that, although damaging, is not illegal unless it is tied to a protected characteristic or in retaliation for protected activity under the FEHA or any other state law.
This blog explains what protections from harassment are provided by the FEHA, offers examples to clarify when workplace harassment is illegal, and outlines ten steps to take if you are, in fact, the victim of unlawful workplace harassment.
The Legal Framework: How The FEHA Defines Illegal Workplace Harassment
California’s Fair Employment and Housing Act prohibits three specific types of misconduct in the workplace: discrimination, harassment, and retaliation.
However, the FEHA is not a general workplace civility code or “politeness” statute; it is a targeted anti-discrimination law. FEHA does not require employers to be fair, respectful, or even professional. It does not make it illegal for a manager to be abrasive, demeaning, or unpleasant unless that behavior is motivated by the employee’s protected characteristic (such as race, sex, or disability) or is in retaliation for the employee’s protected activity.
FEHA protected characteristics include:
- Race
- Sex or gender
- Disability
- Age (40 and over)
- National origin
- Religion
- Sexual orientation
- Gender identity or expression
- Marital status
- Military or veteran status
- Medical conditions, including genetic information
FEHA protected activities include:
- Opposing or reporting discrimination or harassment
- Participating in a workplace investigation
- Filing a complaint with the EEOC or California Civil Rights Department
- Requesting a workplace accommodation
- Whistleblowing on unlawful or unsafe employer practices
For mistreatment to be considered illegal harassment, it must be based on one of the characteristics or activities listed above, or any other basis identified in the FEHA. Simply being treated poorly or unfairly at work is not enough to bring a valid claim for workplace harassment.
Harassment Versus Discrimination and Retaliation
Harassment is considered a form of unlawful discrimination, but it functions differently than a discrimination or retaliation claim. A claim for wrongful termination based on discrimination or retaliation generally requires a “significant adverse employment action,” such as being fired, demoted, or denied a promotion. In contrast, a harassment claim does not require a formal employment change. The harassment itself is considered an adverse employment action.
That said, workplace harassment claims have a different burden of proof. Most harassment claims must show that the conduct was either severe or pervasive. That means a single incident of harassment usually does not qualify unless it was especially extreme. More commonly, an employee must demonstrate a pattern of hostile behavior that unreasonably interferes with their ability to do their job or makes the work environment abusive.
The Two Categories of Workplace Harassment
Category #1: Sexual Harassment
Sexual harassment is generally divided into two subtypes: quid pro quo and hostile work environment.
- Quid Pro Quo Harassment
This Latin phrase means “this for that.” In the workplace context, quid pro quo sexual harassment occurs when a supervisor or manager conditions employment benefits—such as hiring, promotions, raises, or continued employment—on the employee’s submission to sexual advances or conduct.
Example: A manager tells an employee that she will only receive a promotion if she goes on a date with him. If she refuses and is denied the promotion, that may constitute quid pro quo sexual harassment. - Hostile Work Environment Sexual Harassment
This occurs when unwelcome sexual conduct—such as comments, jokes, gestures, or physical behavior—creates an intimidating, hostile, or offensive work environment. The conduct must be severe or pervasive enough to interfere with the employee’s ability to perform their job.
Example: A coworker repeatedly makes explicit comments about a female employee’s appearance, despite her complaints, and management does nothing to stop it. Over time, the comments make her feel unsafe and degraded at work.
For practical steps on what to do if you’re experiencing sexual harassment at work, read our blog titled “How Should I Respond to Being Sexually Harassed?”
Category #2: Harassment Based on Other Protected Characteristics
Harassment based on race, disability, age, religion, sexual orientation, gender identity, or other protected characteristics almost always falls under the hostile work environment category. Unlike quid pro quo sexual harassment, these forms are not typically tied to job benefits or threats but arise from ongoing discriminatory behavior that makes the workplace intolerable.
- Hostile Work Environment Harassment (Non-Sexual)
This type of harassment occurs when an employee is subjected to offensive comments, jokes, or conduct based on a protected characteristic, and the behavior is either severe or occurs frequently enough to alter the conditions of employment.
Example: A Black employee is regularly subjected to racial slurs by coworkers, and management fails to intervene despite repeated complaints. The behavior affects the employee’s mental well-being and ability to work.
Note: “Hostile Work Environment” Has a Specific Legal Meaning Under California Law
Many employees describe their workplace as a “hostile work environment” when what they are really experiencing is a high-pressure, unpleasant, or dysfunctional workplace. Under California’s Fair Employment and Housing Act (FEHA), that is not enough.
A legally recognized hostile work environment exists only when the hostility is based on sexual harassment or harassment tied to a protected characteristic—such as race, disability, age, gender identity, or religion. It must involve conduct that is severe or pervasive and that unreasonably interferes with the employee’s ability to do their job.
Being placed on a performance improvement plan (PIP), working for a difficult or demanding supervisor, dealing with stressful office politics, or facing unfair treatment unrelated to a protected class does not qualify as a hostile work environment under FEHA. While these issues may be distressing or even abusive, they are not unlawful unless tied to a legally protected characteristic.
What Is Bullying—and Why It Is Not Illegal Workplace Harassment on Its Own
California law does not recognize “bullying” as a legally defined concept. There is no statute or standard that governs bullying in the workplace unless the behavior qualifies as illegal harassment under FEHA.
Bullying in the workplace can take many forms. It might include yelling, condescension, humiliation, exclusion, micromanagement, or unfair criticism. But if the motive behind the bullying is not tied to a protected characteristic or protected activity, it is not illegal under FEHA.
Examples of Workplace Bullying (Not Violations of FEHA)
Some examples of workplace bullying that are not unlawful:
- A manager constantly criticizes your work in front of others but treats everyone equally regardless of background.
- You are excluded from meetings because your supervisor does not like you personally, not because of your race, gender, or disability.
- A company has a high-pressure environment where yelling is common and morale is low, but no protected groups are being singled out.
These types of behavior may be toxic, demoralizing, and damaging to mental health. However, unless the conduct is motivated by bias or retaliation for protected conduct, it does not provide a basis for a legal claim under California’s anti-harassment laws.
Examples of Illegal Harassment (Violations of FEHA)
To better understand the distinction between bullying and illegal harassment under FEHA, consider the following examples of conduct that may support a workplace harassment claim:
- A supervisor regularly makes offensive comments about an employee’s race or accent, and the employee is the only person of that background on the team.
- After an employee reports sexual harassment to Human Resources, her manager begins excluding her from important meetings and scrutinizing her work in a way that is inconsistent with past practices.
- An employee with a disability requests a reasonable accommodation, and in response, his manager begins making mocking comments about his medical condition in front of coworkers.
In each of these examples, the conduct is linked to either a protected characteristic or protected activity. That connection is what triggers legal protection under the FEHA.
Why This Distinction Matters
Employees often assume that because they are being mistreated, they must have a legal claim. Unfortunately, that is not how the law works. The legal definition of harassment is narrower than most people realize. While many forms of mistreatment feel unfair or abusive, the law only protects against conduct that is discriminatory or retaliatory under clearly defined categories. The FEHA is a targeted statute designed to address discriminatory and retaliatory conduct, not to ensure that all workplaces are kind or fair. This does not mean your experience isn’t real or harmful; only that the legal system requires specific evidence tied to a protected characteristic or activity to move forward with a harassment claim.
Should You Report Workplace Bullying Anyway?
Yes. Even if the conduct does not rise to the level of illegal harassment under the FEHA, you should still report it through your employer’s internal complaint process because the alleged misconduct may violate the employer’s internal workplace policies. Most employers have policies against bullying, incivility, or abusive conduct, even if those behaviors are not illegal. A formal complaint creates a record and may prompt Human Resources to investigate or intervene.
In some cases, internal reports may later become relevant if the conduct escalates into legally protected harassment or retaliation.
How to Document Harassment at Work
If you’re still employed and experiencing harassment, start documenting immediately. A well-organized record of incidents is one of the most powerful tools you can have to protect your rights and build a potential legal claim.
Step #1: Take Notes and Build a Timeline
Keep a private, detailed record of every incident. Include:
- Who was involved (including witnesses)
- What happened (specific words/actions)
- When and where it occurred
- How it made you feel (emotional or physical impact)
Use exact quotes when possible, especially for sexual or inappropriate comments. Avoid vague terms—explain why the behavior was inappropriate.
Step #2: Collect Key Documents
Gather relevant workplace documents such as:
- Harassment policies and reporting procedures
- Emails or messages related to the misconduct
- Names and contact information of witnesses
Avoid taking confidential or proprietary documents from your employer.
Step #3: Create a “Cast of Characters”
Prepare a reference list of individuals involved, including:
- Full names and job titles
- Reporting relationships
- Their role in the events (e.g., harasser, witness, supervisor)
This helps clarify the workplace structure and potential power dynamics.
Step #4: Include Other Victims or Witnesses
If others experienced similar treatment or shared complaints, note those details—this may establish a broader pattern of harassment.
Step #5: Develop a Chronological Timeline
Summarize incidents and your responses. Include:
- Dates and descriptions of misconduct
- Reports made to management or HR
- Any retaliation you faced
- The employer’s response (or lack thereof)
This timeline should be professional, factual, and no more than 2–3 pages.
Step #6: Document Emotional Impact
Record how the harassment affected you emotionally and physically. Include:
- Medical or psychological symptoms
- Treatment or therapy sought
This may support a claim for emotional distress damages.
Step #7: File a Complaint with HR
Follow your company’s reporting procedures. Submit your complaint in writing and retain a copy. Confirm any meetings or verbal conversations with HR by email.
Step #8: Cooperate in the Investigation
Participate in good faith. Take notes during interviews and follow up if you don’t receive updates. Ask:
- Who is investigating?
- What is the process?
- When will it conclude?
Step #9: Review Investigation Outcome
At the end, request a summary of findings. While you may not get the full file, use what you learn to assess the adequacy of the employer’s response.
Step #10: Continue Documenting if the Harassment Persists
If the misconduct continues, keep documenting and consult a California employment lawyer. Employer inaction does not end your rights.
If you’re considering legal action but still working for the employer, read our blog titled “Should I File a Sexual Harassment Lawsuit While Still Employed?” for important guidance.
FREQUENTLY ASKED QUESTIONS ABOUT WORKPLACE HARASSMENT
What is the difference between workplace bullying and illegal harassment in California?
Bullying refers to hostile or demeaning conduct that may be emotionally harmful but is not illegal unless it is motivated by a protected characteristic (such as race or gender) or in retaliation for protected activity. Illegal harassment under FEHA must be both severe or pervasive and tied to legally protected categories.
Can I sue my employer for being treated unfairly or rudely at work?
No. California’s Fair Employment and Housing Act (FEHA) does not prohibit general unfairness, incivility, or rudeness in the workplace. To have a legal claim, the conduct must be discriminatory, harassing, or retaliatory based on a protected status or activity.
What qualifies as a “protected characteristic” under California harassment law?
Protected characteristics include race, gender, disability, age (40+), religion, sexual orientation, national origin, medical condition, marital status, military status, and more. Harassment must be based on one of these to be legally actionable.
Does workplace harassment need to involve a formal employment action like being fired?
No. Unlike wrongful termination or retaliation claims, harassment claims do not require a firing, demotion, or denial of promotion. The harassment itself, if severe or pervasive, is considered the adverse action.
What should I do if I’m being harassed at work but still employed?
You should begin documenting incidents in detail, report the behavior through your employer’s internal complaint process, and consult a California employment lawyer if the conduct continues or worsens.
Should I report workplace bullying even if it’s not illegal?
Yes. Reporting bullying can prompt your employer to investigate or take corrective action under internal policies, even if the conduct doesn’t rise to the level of unlawful harassment under FEHA.
Final Thoughts About Illegal Workplace Harassment
Workplace bullying is real. It causes emotional harm, disrupts productivity, and creates toxic work environments. But unless that behavior is based on a protected characteristic or protected activity, it is not illegal under California law.
Understanding this legal framework helps employees recognize when they may have a valid claim and when they may need to address the issue internally or through other channels. If you are unsure whether your situation qualifies as illegal harassment, it may be helpful to consult with an employment attorney who can evaluate the facts and help you determine your legal options.
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.
