I wrote this blog to explain the difference between workplace bullying vs. workplace harassment in California, why bullying usually is not legally actionable, and what employees can do in both situations.
I’m Matt Ruggles, and I have been practicing employment law in California for more than 30 years. I have represented employees from nearly every industry, including healthcare, technology, manufacturing, and hospitality. I have seen every kind of workplace mistreatment imaginable. Some of my clients were sexually harassed or discriminated against because of their gender or another protected characteristic. Others were bullied by a boss who abused power or played favorites. Both experiences are damaging, but only one gives rise to a legal claim under the Fair Employment and Housing Act.
From decades of experience, I know that many employees who reach out to an employment lawyer are looking for clarity. They want to know what is happening to them and whether they have legal rights. The answer depends on whether the conduct was motivated by a protected trait such as sex, gender, race, or disability. Bullying, by itself, is not illegal in California.
Most employees who contact my office say they are being harassed at work. They describe an abusive boss, a toxic manager, or a coworker who constantly belittles them. But the truth is, the vast majority of these situations, while miserable, do not qualify as illegal workplace harassment under California law. What they are describing is usually workplace bullying. Read on and I will share real-world examples and practical guidance on how to protect yourself, whether your problem is workplace bullying or true harassment under California law.
How California Law Defines Workplace Harassment and Sexual Harassment
In order to understand the difference between workplace bullying and harassment, it helps to start with what the law actually says. Under California’s Fair Employment and Housing Act, known as the FEHA, harassment is unlawful when it targets an employee because of a protected characteristic.
Harassment can take many forms, but it is easiest to think of it in two categories. The first is sex-based harassment, often referred to as sexual harassment. The second is harassment based on any other protected characteristic recognized under California law.
Let’s start with sexual harassment.
Understanding Sexual Harassment Under the California FEHA
Sexual harassment involves unwelcome conduct that is sexual in nature or directed at someone because of their sex, gender, or sexual orientation. Under the FEHA, there are two types of sexual harassment:
Quid Pro Quo Sexual Harassment: What It Means Under California Law
This occurs when someone in a position of authority offers job benefits in exchange for sexual favors, or threatens negative consequences if the employee refuses. For example, a supervisor who hints that a promotion or continued employment depends on going out socially or engaging in sexual conduct is committing quid pro quo harassment. It does not take multiple incidents i.e. one instance is enough if the threat or demand is clear.
Hostile Work Environment Harassment in California Workplaces
This type occurs when unwelcome sexual conduct becomes so severe or pervasive that it changes the conditions of employment. It includes unwanted touching, sexual comments, repeated remarks about appearance, explicit jokes, or visual displays of a sexual nature. The law looks at the entire picture i.e. how often it happens, how severe it is, and whether it makes the workplace intimidating or abusive.
It is important to remember that the conduct must be tied to the employee’s sex or gender. Ordinary rudeness, criticism, or personality clashes do not qualify unless the behavior is motivated by a protected characteristic.
Other Types of Workplace Harassment Under California Law
Not all harassment is sexual. The FEHA also protects employees from harassment based on other legally protected traits. This means it is unlawful to harass an employee because of any of the following:
- Race or color
- Ancestry or national origin
- Religion or creed
- Physical or mental disability
- Medical condition
- Genetic information
- Marital status
- Sex, gender, gender identity, or gender expression
- Sexual orientation
- Age (40 and over)
- Military or veteran status
- Pregnancy, childbirth, or related medical conditions
When harassment targets any of these traits and is severe or pervasive enough to interfere with work, it violates the FEHA. Understanding this distinction is essential because it defines when workplace mistreatment crosses the line from bullying into unlawful harassment under California law.
If you want a deeper understanding of when workplace behavior crosses the legal line, please read my post, “When Does Workplace Harassment Become Illegal in California?”
If you are unsure whether what you are dealing with is workplace bullying or harassment, call me at Ruggles Law Firm at 916-758-8058. I’m Matt Ruggles, and I’ve spent more than 30 years helping California employees understand their rights and act when they’ve been mistreated at work.
What Workplace Bullying Is and Why It Usually Isn’t Illegal in California
Now that we have covered what qualifies as harassment under the FEHA, it is worth looking at what does not. This is where most employees get tripped up, because what they are experiencing feels like harassment, but legally it is not.
Workplace bullying is repeated mistreatment that can include yelling, insults, humiliation, exclusion, undermining, or intimidation. It can also include something less obvious: a supervisor or coworker who constantly lies about you, questions your competence, or sets you up to fail. Many employees tell me about a boss who creates a high-pressure environment, piles on impossible workloads, and demands perfection under unrealistic deadlines. They describe sleepless nights, anxiety, and dread every time they walk into work. It feels like harassment because it is personal and destructive. But under California law, it usually is not.
California Law Does Not Recognize “Workplace Bullying”
The reason is simple. California law does not create a standalone claim for bullying. The FEHA only protects employees from harassment that happens because of a protected characteristic, such as sex, gender, race, disability, or age. When the abuse comes from power, ego, or personality clashes, it is bullying, not harassment. A supervisor who yells at everyone or constantly undermines an employee’s work is being abusive, but if it is not tied to a protected trait, it is not illegal.
That distinction matters. You can have a boss who is impossible to please, hostile in every interaction, and who drives people out of the workplace through intimidation and pressure. But unless that hostility is motivated by something the law protects, it falls outside the reach of the FEHA.
This does not make it right, and it does not mean employees have to accept it. Bullying destroys morale and mental health, but the legal system does not treat it the same way as harassment. The law measures illegality, not fairness. HR may step in to address behavior that violates company policy, but the courts will not intervene unless the conduct is severe or pervasive and linked to a protected category.
If you are working for someone who is bullying you, document what happens, pay attention to whether their behavior targets your protected traits, and reach out for advice before it escalates. Many cases that start as bullying later cross the line into unlawful harassment once the motivation becomes clear. Knowing where that line is gives you the power to protect yourself before things get worse.
Workplace Bullying vs. Workplace Harassment: Key Legal Differences in California
Understanding the difference between workplace bullying and sexual harassment is critical, because the law draws a clear line between what is illegal and what is simply bad behavior. Both can feel the same to the employee because they create stress, anxiety, and humiliation, however, the law treats them very differently. Under the FEHA, harassment becomes unlawful only when it meets specific legal standards.
Let’s look at the three main differences that determine whether conduct is bullying or sexual harassment.
The “Because Of” Requirement in California Workplace Harassment Cases
This is the heart of every harassment claim. Harassment is illegal only when it happens because of a protected characteristic such as sex, gender, race, disability, or age. That motive, the “because of” factor, is what separates harassment from bullying.
Bullying, on the other hand, usually happens because of personality conflicts, power struggles, or personal dislike. A manager who yells at everyone, singles people out unfairly, or uses intimidation to control employees is behaving badly, but not necessarily unlawfully. Unless that conduct is connected to a protected characteristic, the law does not treat it as harassment.
This is why so many employees who feel harassed are surprised to learn they may not have a legal claim. The behavior can be cruel, demeaning, and completely unprofessional, but if it is not because of sex, gender, or another protected trait, it does not violate the FEHA.
How California Courts Decide if Harassment Is Severe or Pervasive
Even when conduct is based on a protected characteristic, it still must meet the legal threshold of being severe or pervasive. Courts look at how often the behavior occurs, how serious it is, whether it was humiliating or threatening, and whether it interfered with the employee’s ability to do their job.
One rude comment or inappropriate joke might qualify as bullying or incivility, but not harassment. Repeated sexual remarks, unwanted touching, or explicit comments about an employee’s body are different. When conduct becomes frequent or severe enough to alter the conditions of employment, it crosses into illegal harassment.
This test is not about whether the behavior was offensive. It is about whether it created a hostile or abusive work environment that would affect a reasonable person in the same position.
If you want a deeper explanation of how courts interpret what is severe or pervasive under California law, please read my post, “Severe Versus Pervasive Sexual Harassment in California.”
When Workplace Bullying Becomes Workplace Harassment Under California Law
Sometimes bullying and harassment overlap. When bullying targets a protected characteristic, it becomes harassment. For example, mocking an employee’s accent, calling women derogatory names, or making repeated jokes about someone’s age are all forms of harassment under California law because they are tied to a protected trait.
In practice, the line between bullying and harassment can be thin. What starts as a power struggle or personality conflict can quickly turn into harassment if the focus shifts to gender, race, or another protected category.
That is why documentation matters. Employees who feel bullied should keep detailed records of what was said and done, who witnessed it, and whether the conduct referenced any protected trait. Those details often determine whether the law can intervene or whether the situation remains a workplace conduct issue rather than a legal one.
Understanding where that line is matters, because confusion between workplace bullying vs. sexual harassment in California is one of the most common reasons employees contact my office.
Real-World Examples: Which Is Workplace Bullying and Which Is Workplace Harassment in California?
Let’s run through a few real-world scenarios. These examples will help you see how California law separates workplace bullying from workplace harassment. The goal here is to show how the same kind of bad behavior can have very different legal consequences, depending on what motivates it and how severe it is.
After more than 30 years of representing employees, I can tell you this: most people who call my office are dealing with conduct that feels hostile, unfair, and humiliating, but only some of it qualifies as unlawful harassment under the FEHA. The distinction always comes back to motive and severity.
Example #1: Sexual Jokes in the Breakroom
Imagine a group of employees making sexual jokes in the breakroom several times a week. The same few people are always the targets of the comments, and it is clear that the jokes are gender-based.
Analysis: This is likely sexual harassment. The behavior involves repeated sexual remarks that create a hostile work environment and are tied to sex or gender. Even if management is not involved, the employer can still be held responsible if they know about it and do nothing.
Example #2: One-Time Crude Remark
A coworker makes one crude sexual comment at a happy hour, immediately realizes it was inappropriate, and apologizes. The conduct is not repeated and no further incidents occur.
Analysis: That is bullying or incivility, not harassment. A single inappropriate comment, unless extremely severe (such as a physical threat or assault), does not meet the “severe or pervasive” standard under the FEHA. It may justify discipline by HR, but it does not create a legal claim.
Example #3: Supervisor Screams and Micromanages One Employee Only
A supervisor constantly yells at one employee, nitpicks their work, assigns unrealistic deadlines, and undermines them in front of others. The stress becomes unbearable.
Analysis: This is workplace bullying. It is toxic and unprofessional, but unless the supervisor is treating the employee this way because of a protected trait like sex, race, or disability, the behavior is not unlawful harassment. California law does not prohibit hostility based on personality conflicts or management style, even when it crosses the line into cruelty.
Example #4: Coworker Makes Sexual Comments and Unwanted Touching
A coworker repeatedly comments on another employee’s appearance and finds excuses to touch them on the shoulder or lower back, even after being told to stop.
Analysis: This is sexual harassment, plain and simple. The conduct is unwanted, sexual in nature, and repeated. Under the FEHA, employers are strictly liable for harassment by supervisors and can also be liable for coworker harassment if they fail to take corrective action.
Example #5: Coworkers Exclude Someone from Lunches After a Personal Dispute
A small group of coworkers stops inviting another employee to lunch after a disagreement. The employee feels ostracized and unwelcome.
Analysis: This is bullying. Exclusion, gossip, and cliques can make the workplace miserable, but they are not illegal unless motivated by a protected characteristic. The law does not require kindness, it requires equality.
Example #6: Mocking an Employee’s Accent
Several coworkers regularly mimic another employee’s accent in meetings and make jokes about where they are from. The employee feels embarrassed and stops speaking up.
Analysis: This is harassment based on national origin. The conduct targets the employee’s ethnicity and creates a hostile work environment. This is exactly the kind of behavior the FEHA is designed to prevent. Employers must take immediate action to stop it once they know it is happening.
Example #7: Jokes About Pregnancy or Maternity Leave
Employees make repeated jokes about a woman’s upcoming maternity leave and imply she will not be committed to her job after having the baby. The comments continue even after she objects.
Analysis: This is sexual harassment, because it is based on sex and pregnancy, both protected characteristics under the FEHA. The conduct is unwelcome, gender-based, and tied to stereotypes about women and motherhood.
If you want to understand your rights as a pregnant employee in California, please read my blog, “Pregnant Workers’ Fairness Act: A Guide for Pregnant Employees.”
If this behavior is happening to you, don’t wait until it escalates. Call me at Ruggles Law Firm at 916-758-8058. I’ll help you evaluate whether your situation meets California’s legal standards for harassment.
What to Do If You’re Experiencing Workplace Bullying in California
Just because workplace bullying is not usually legally actionable does not mean you have to tolerate it. Based on decades of representing employees, here is my advice. If you think you are being bullied, you do not have to sit quietly and take it. You may not have a clear legal claim under the FEHA, but you still have steps you can take to protect yourself and your career.
Step 1: Document Workplace Harassment or Workplace Bullying Carefully
Write down every incident as soon as possible. Include the date, time, what was said or done, who was present, and how it affected your work. Save any supporting evidence such as emails, texts, chat messages, or meeting notes. Keep the record factual and professional. You are building a timeline that shows a pattern of conduct, and that documentation can be powerful if you later need to make an internal complaint or show that bullying turned into harassment.
Step 2: Report Workplace Harassment or Workplace Bullying Internally
Review your employee handbook and follow the reporting process exactly. Send HR or your supervisor a short, factual report describing the behavior and including dates and examples. Ask for a written acknowledgment and a follow-up plan. If your company has an employee assistance program, consider using it. If you are in a union, contact your representative and explain what is happening.
Step 3: Managing HR Responses to Workplace Bullying or Harassment
Understand that HR is not a legal authority. They may not treat bullying as a violation of law, but they can still address it as a conduct or performance issue. Request clear actions such as mediation, training, or reassignment and summarize any meetings in a short email so there is a record of what was said.
Step 4: Protect Your Mental and Physical Health at Work
Workplace bullying takes a toll. If you are losing sleep, feeling anxious, or developing health issues, talk to a doctor or therapist. If your provider recommends time off or workplace accommodations, get it in writing and provide it to your employer. Prioritize your health first. Mental and physical stability come before any job.
Step 5: Understand Your Legal Options for Workplace Bullying in California
Unless the bullying targets a protected trait like sex, race, disability, or age, there is probably no claim under the FEHA. Your best tools are documentation, internal reporting, and professionalism. However, keep watching for signs that the behavior may be shifting toward harassment. If the comments start referencing your gender, age, or another protected category, it is time to call an employment lawyer. Recognizing when the situation crosses that line is key to protecting your rights.
If you are dealing with harassment right now and want to know what steps to take, please read my blog, “What Should I Do If I Experience Workplace Harassment?”
If you’re worried that reporting harassment could damage your career, please read my thoughts in “Does Reporting Sexual Harassment Hurt Your Career?”
Steps to Take If You’re Facing Sexual Harassment at Work in California
If you believe you are being sexually harassed at work, do not ignore it. Harassment almost never stops on its own, and your actions in the early stages can make all the difference later. Based on my years representing employees under the FEHA, here is what I recommend.
Step 1: Document Everything
Write down every incident of harassment as soon as it happens. Include the date, time, location, what was said or done, and who witnessed it. Save copies of emails, text messages, social media messages, or any other written communication. If coworkers have seen or heard the behavior, ask whether they are willing to provide a short written statement or confirm what they observed. Good documentation turns your word into evidence.
Step 2: Report It Internally
Follow your employer’s harassment reporting policy exactly as it is written. File your complaint in writing, not verbally. Describe the conduct clearly and include dates and names. Ask for confirmation that your report has been received and request a written summary of the company’s investigation steps. Keep copies of every email, meeting note, or memo connected to your complaint. If the harassment involves your direct supervisor, report it to HR or another higher-level manager.
Step 3: Know Your External Options
If your employer fails to act or the harassment continues, you can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). In California, employees usually have three years from the date of the last incident to file with the CRD, but it is best to act much sooner. These agencies can investigate, issue a Right-to-Sue notice, and preserve your ability to pursue a claim in court.
Step 4: Speak with an Employment Lawyer Early
Deadlines are strict, and small mistakes in reporting or timing can cost you your rights. An experienced employment lawyer can evaluate your situation, guide your documentation, and help ensure your complaint is framed properly under the FEHA.
Step 5: Protect Yourself from Retaliation
Retaliation for reporting sexual harassment is illegal. If you notice sudden negative treatment after you report such as being excluded from meetings, written up unfairly, or demoted, document it immediately. Retaliation often becomes its own violation of law. Keep your communication professional and factual, and continue to record everything.
If you are still working for your employer and wondering whether to take legal action now or wait, I discuss this question in detail in my blog, “Should I File a Sexual Harassment Lawsuit While Still Employed?”
Common Myths About Workplace Harassment and Bullying in California
Over the years, I have seen the same misconceptions come up again and again when employees call my office about harassment. California law protects employees from many kinds of workplace abuse, but not from all of them. Understanding what the law actually says can help you avoid false assumptions that could hurt your case.
Myth 1: “Any bad behavior is harassment.”
Not true. Harassment must be tied to a protected category such as sex, gender, race, disability, or age. A manager who is rude, unpredictable, or difficult is not necessarily breaking the law. The FEHA does not prohibit general bullying or poor management, it prohibits discriminatory or sexually motivated conduct that is severe or pervasive enough to change working conditions.
Myth 2: “Bullying is illegal.”
Bullying is not, by itself, illegal in California. It can still violate company policy and justify internal discipline, but it does not create a claim under the FEHA unless it targets a protected characteristic. For example, a boss who yells at everyone is a bully; a boss who yells only at women or mocks someone’s disability is committing harassment.
Myth 3: “If it only happened once, I can’t bring a claim.”
That is not always true. A single event can be enough if it is serious, For example, a supervisor demanding sexual favors or a single act of sexual assault. Quid pro quo harassment often requires only one incident because the threat or demand itself changes the conditions of employment.
Myth 4: “HR will always fix it.”
Employers are legally required to investigate complaints of harassment, but HR departments sometimes minimize or delay action. Employees should not assume HR will handle everything. Document your complaint, follow up in writing, and if the situation does not improve, contact an employment lawyer or the California Civil Rights Department.
Many employees misunderstand what actually counts as harassment or what the law protects. Please read my thoughts in “Workplace Harassment: Five Common Misconceptions” to clear up some of the myths that often confuse California employees.
Frequently Asked Questions About Workplace Bullying vs. Sexual Harassment in California
Employees often contact me confused about whether what they are dealing with is workplace bullying or workplace harassment under California law. Below are some of the most common questions I get about the difference, how the law applies, and what steps employees should take to protect themselves.
Question 1: What is the difference between workplace bullying and sexual harassment in California?
Workplace bullying involves mistreatment such as yelling, humiliation, or intimidation that is not tied to a legally protected characteristic. Sexual harassment, on the other hand, involves unwanted sexual behavior or gender-based conduct that is severe or pervasive enough to change the conditions of employment. Under the FEHA, harassment is illegal only when it happens because of sex, gender, race, disability, or another protected trait.
Question 2: Is workplace bullying illegal in California?
Not usually. California law does not create a standalone cause of action for bullying. The law only prohibits harassment that targets a protected category. However, bullying can still violate company policy, justify HR action, or escalate into illegal harassment if it becomes discriminatory.
Question 3: Can one incident of workplace harassment be enough to sue?
Yes, in some cases. A single severe act, such as a supervisor demanding sexual favors or a physical assault, can be enough to create a claim. The law looks at both severity and frequency, so an isolated but extreme incident may meet the legal threshold for harassment under the FEHA.
Question 4: What should I do if I think I’m experiencing sexual harassment at work?
Document every incident in detail, report it in writing under your employer’s policy, and keep a copy of your report. If your employer fails to act, you can file a complaint with the California Civil Rights Department (CRD) or the EEOC. You should also speak with an experienced employment lawyer as soon as possible because deadlines are strict, and the earlier you act, the stronger your case will be.
Question 5: What if HR doesn’t do anything about my complaint?
Employers are legally required to investigate harassment complaints, but HR sometimes minimizes or delays action. If that happens, continue documenting every instance of misconduct and any retaliation. Then contact an employment lawyer or the CRD to discuss your options. Remember that retaliation for reporting harassment is itself illegal under California law.
Question 6: Can workplace bullying turn into harassment?
Yes. Bullying often starts as general hostility but can evolve into harassment if it begins targeting protected traits such as sex, race, or disability. Once that happens, the behavior becomes unlawful under the FEHA. That is why it is critical to document early and track any changes in how or why the mistreatment occurs.
Question 7: When should I contact an employment lawyer about workplace bullying or harassment?
You should speak with a lawyer as soon as you suspect the behavior involves discrimination or harassment tied to a protected category. A lawyer can help you understand whether your case falls under workplace bullying or workplace harassment in California, preserve deadlines, and guide you on how to document and report correctly.
Question 8: Can I be fired for reporting workplace harassment?
No. Retaliation for reporting harassment or discrimination is illegal under California law. If you experience demotion, exclusion, write-ups, or other negative treatment after filing a complaint, you may have a separate retaliation claim in addition to your harassment claim.
Question 9: What are the protected categories under California law?
California law prohibits harassment based on sex, gender, gender identity or expression, sexual orientation, race, color, ancestry, national origin, religion, disability, medical condition, age (40 and over), marital status, military or veteran status, pregnancy, and related conditions.
Question 10: How can I tell if my situation qualifies as workplace harassment or just bullying?
Ask yourself two key questions:
- Is the behavior connected to a protected characteristic such as sex, race, or disability?
- Is the conduct severe or pervasive enough to change my working conditions?
If the answer to both is yes, it is likely harassment. If the behavior is hostile but unrelated to a protected trait, it is likely bullying.
Final Thoughts on Workplace Bullying vs. Workplace Harassment
After more than 30 years representing employees in California, I can tell you that workplace bullying and workplace harassment often feel the same to the person experiencing them. Both are humiliating, exhausting, and can leave lasting damage. But under the FEHA, the difference is crucial. Harassment is illegal only when it targets a protected characteristic and is severe or pervasive enough to change the conditions of employment. Bullying, on the other hand, is about power, ego, or personality. Bullying may be cruel, but it is not always unlawful.
That said, employees should never ignore bullying. It often escalates or turns into harassment when personal hostility becomes tied to sex, gender, race, or another protected trait. If that happens, it crosses the legal line. The best thing you can do is document everything, report internally, and act early before it spirals further.
If you believe your situation has crossed from workplace bullying into harassment, or if you are not sure where your experience falls, contact me at Ruggles Law Firm. We can review what is happening, explain your options under California law, and help you take the next step toward protecting your rights.
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.
