Your Rights Under California's FEHA: Stronger Than Federal Law
California gives harassed workers some of the strongest protections in the country, and they go well beyond federal law.
The FEHA harassment ban applies to every employer. While FEHA discrimination rules cover employers with 5 or more employees, the harassment provisions of Government Code section 12940(j) apply to employers of any size, even a business with a single employee. Federal law (Title VII) only reaches employers with 15 or more.
Harassers can be personally liable. Under the FEHA, the individual who harassed you can be sued personally, not just the company. That matters when a serial harasser hides behind a corporate employer.
Employers are automatically responsible for supervisor harassment. When the harasser is your supervisor or manager, your employer is strictly liable under California law. When the harasser is a coworker, customer, or vendor, the employer is liable if it knew or should have known and failed to take immediate, appropriate corrective action. This is one reason documenting and reporting harassment is so important.
The "severe or pervasive" standard is worker-friendly in California. Harassment becomes unlawful when it creates a hostile work environment, meaning conduct severe or pervasive enough to alter your working conditions. In 2019, California enacted SB 1300 and Government Code section 12923, which confirm that a single severe incident can be enough, that you do not need to show your work performance actually declined, and that these cases should rarely be thrown out before trial.
You generally have three years to act. California law generally gives you three years from the most recent incident of harassment to file a complaint with the California Civil Rights Department (CRD, formerly the DFEH), which is a required step before filing a FEHA lawsuit. Shorter deadlines can apply in some situations, including claims against public entities and cases headed to federal court, so deadlines vary. Talk to a lawyer promptly rather than assuming you have time.
Where Los Angeles Harassment Claims Are Heard
Most FEHA harassment claims begin with a complaint to the California Civil Rights Department, which issues a right-to-sue notice that allows a civil lawsuit. For LA workers, those lawsuits are typically filed in the Los Angeles Superior Court system, one of the busiest trial courts in the nation, or in the federal Central District of California when federal claims are involved. We practice in these courts and know the local landscape.
We also know the industries that dominate this market, because harassment shows up differently in each of them. On studio lots and production sets in Burbank and Hollywood, temporary crews and freelance hierarchies let harassers move from project to project. In hospitality and restaurants from Santa Monica to downtown, tipped workers absorb abuse from customers because management tells them to. In healthcare, logistics, garment, and retail, immigrant workers are harassed by supervisors who assume they will not complain. The FEHA protects every one of these workers regardless of immigration status, and we have built our practice around enforcing it.