What counts as a hostile work environment in California?

Harassment because of a protected characteristic (sex, race, disability, age over 40, religion, sexual orientation, and others) that is severe or pervasive enough to alter working conditions violates Government Code section 12940(j). Under Government Code section 12923, a single severe incident, such as an assault or a slur, can be enough.

The Fair Employment and Housing Act prohibits harassment because of a protected characteristic (sex, race, religion, national origin, age over 40, disability, sexual orientation, gender identity, and others) when the conduct is severe or pervasive enough to alter working conditions (Government Code section 12940(j)). It is not a general civility code: rudeness or favoritism untethered to a protected characteristic is not actionable. Government Code section 12923 sets the standards: a single incident can suffice if it interfered with work or created an intimidating environment, and the employee need not prove productivity declined. Liability differs by harasser: the employer is strictly liable for supervisor harassment, and liable for coworker or third-party harassment when it knew or should have known and failed to take corrective action. Unlike discrimination claims, FEHA harassment provisions reach employers of any size. Reporting through internal channels documents the employer's notice, and a Civil Rights Department complaint must follow within three years (section 12960).

Authority: Cal. Gov. Code § 12940(j)