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California workplace harassment law covers conduct tied to protected characteristics, including sexual harassment. It can be verbal, visual, or physical, and a single sufficiently severe incident may qualify. To report it, you can use your employer’s complaint procedure, submit an intake to the California Civil Rights Department (CRD), or do both. A CRD employment intake generally must be filed within three years of the last harm.
Updated October 4, 2026. This is general information, not legal advice or a decision about any individual situation.
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What counts as workplace harassment in California?
The Fair Employment and Housing Act (FEHA) prohibits workplace harassment connected to protected characteristics. The CRD lists race, color, ancestry, national origin, religion, age 40 or older, disability, sex and gender-related characteristics, sexual orientation, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision-making among protected categories. The agency’s employment guidance explains the protections and gives examples.
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FEHA’s harassment protection applies even in workplaces with fewer than five employees. The five-employee threshold applies to the general FEHA prohibition on employment discrimination, not the harassment prohibition. CRD says employees, applicants, unpaid interns, volunteers, and contractors may file a harassment complaint.
Examples of conduct that may qualify
CRD’s examples of sexual harassment include visual, verbal, and physical behavior, as well as unwanted advances and quid-pro-quo conduct. Its list is not exhaustive.
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- Leering, sexual gestures, or sexually suggestive pictures or objects.
- Derogatory sexual comments, epithets, slurs, jokes, or graphic comments about someone’s body.
- Unwanted touching, assault, or impeding or blocking a person’s movement.
- Offering a job benefit in exchange for sexual favors, or retaliating after someone rejects sexual advances.
Harassment need not be directed only at the person who reports it; assess the conduct and its effects in context rather than relying on a label alone. Repetition is not always required: CRD training materials say one incident can constitute hostile-environment harassment if sufficiently severe, giving sexual assault and racial epithets or slurs as examples. An isolated comment does not automatically meet that standard.
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1Clear out junk files and repair common Windows errors2Fix the driver behind crashes, sound loss and screen glitches3Repair Windows errors before they cause bigger problemsWhere to report: employer process or CRD intake
These routes serve different purposes and are not mutually exclusive. An internal report may allow the employer to investigate and address conduct; a CRD intake asks the state agency to assess a covered civil-rights allegation. An internal report does not replace the option to contact CRD.
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| Route | Recipient and purpose | What to prepare | Deadline or effect |
|---|---|---|---|
| Employer procedure | Your employer, using its written anti-harassment policy or complaint process, so it can respond to and investigate the report. | A clear account of what happened and relevant records or witness information, if available. | CRD’s March 2025 employer guide says employers must maintain and distribute a written policy with complaint procedures and investigate reports alleging conduct that would violate policy or law. An internal report does not displace CRD intake. |
| CRD intake | California Civil Rights Department, to seek an agency assessment of a covered civil-rights claim. | Information about the events and people involved; you can begin before every detail is available. | Employment intake generally must be submitted within three years of the date last harmed. Intake is not itself a finding that an employer violated the law. |
The employer-policy requirements in the table are described in CRD’s 2025 Workplace Harassment Prevention Guide. CRD’s Complaint Process page explains intake and filing. CRD says an employment case brought directly in court requires an immediate Right-to-Sue notice first; that step is different from simply submitting an intake.
How to make a CRD complaint
- Choose an intake method. Start by submitting an employment intake through the California Civil Rights System or another intake method listed on CRD’s Complaint Process page.
- Describe what happened. Include dates or approximate dates, what was said or done, who was involved, and any witnesses you know about. Explain why you believe the conduct relates to a protected characteristic when that is relevant to your concern.
- Submit within the applicable period. CRD’s general deadline for employment intake is three years from the date you were last harmed. If you are unsure how the deadline applies, seek individualized legal help promptly rather than assuming it has not started or has been extended.
- Provide additional details as needed. CRD says you may begin online intake before you have all the information and add material later. Follow the agency’s instructions for your particular intake.
CRD investigates covered civil-rights allegations and may try to resolve a matter or pursue a case. It does not represent complainants or act as their personal legal advisor, and an intake submission does not establish that a violation occurred.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What to document before or after reporting
Preserve what you already have; do not delay an intake simply because your file is incomplete. Useful records may include:
- A dated account of incidents, including approximate times and locations.
- Names and contact details for witnesses, if known.
- Relevant emails, texts, messages, screenshots, letters, and other records.
- Employment records such as reprimands, transfer notices, schedule changes, or other communications related to the events.
Keep originals and avoid altering records. If circumstances change after you report, make a separate dated note of what changed and when.
Retaliation for speaking up
CRD’s June 2025 retaliation fact sheet identifies speaking out against workplace harassment or discrimination, asking CRD for advice, filing a complaint, and participating in an investigation as examples of protected activity. Possible retaliation may include firing, discipline, denial of promotion, schedule changes, or threats connected to protected activity; whether a particular action is unlawful depends on the facts.
You do not need special legal wording to oppose workplace misconduct. CRD advises making clear that you believe the employer may have broken the law. Keep a record of any later employment change and its timing; the timing alone does not prove retaliation.
When to seek individualized help
Consider getting advice from a California employment attorney or a verified legal-aid or worker-advocacy service if you are considering litigation, face an immediate safety concern, or need help applying a deadline or legal standard to your circumstances. CRD can assess covered allegations but does not serve as your personal legal advisor. Its employment page also describes training requirements for covered employers: two hours for supervisors and one hour for nonsupervisory staff every two years.
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