Los Angeles Hostile Work Environment Lawyer
Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.
Many employees describe their workplace as “hostile,” and many workplaces are difficult, unpleasant or poorly managed. Under California law, however, a hostile work environment is a specific legal claim. It exists when an employee is harassed because of a protected characteristic, such as race, sex, disability, age, religion or sexual orientation, and the harassment is serious enough to alter the conditions of employment.
The attorneys at Rise Law Firm represent employees throughout Los Angeles and Southern California in harassment and discrimination cases against employers ranging from large corporations to public agencies. We have secured millions of dollars for our clients, and we handle these cases with no fees or costs unless we recover compensation for you.
This page explains what California law treats as an illegal “hostile work environment,” how that differs from bullying or general mistreatment, even if the employee perceives it to be a work environment that is hostile or offensive, and what you can do if you are being unlawfully harassed at work.
What California Law Means by an Illegal “Hostile Work Environment”
California’s Fair Employment and Housing Act (FEHA) prohibits harassment of an employee because of a protected characteristic (Gov. Code § 12940(j)). An illegal “hostile work environment” claim generally requires three things:
- The conduct was unwelcome. The employee did not invite or welcome the comments, jokes, touching, images or other conduct.
- The conduct was because of a protected characteristic. The employee was targeted because of their protected characteristic, not simply because a supervisor or coworker is rude, demanding or unfair to everyone.
- The conduct was severe or pervasive. The harassment was serious or frequent enough that a reasonable person in the employee’s position would find that it made the job more difficult to do.
The protected characteristics under FEHA include:
- Race, color, ancestry and national origin, including traits historically associated with race such as hair texture and protective hairstyles
- Sex and gender, including pregnancy, childbirth, breastfeeding and related medical conditions
- Gender identity and gender expression
- Sexual orientation
- Religion, including religious dress and grooming practices
- Physical disability, mental disability and medical condition
- Age (40 and over)
- Genetic information
- Marital status
- Military and veteran status
- Reproductive health decisionmaking
This list is not exhaustive, and an employee may be protected by more than one category at the same time. FEHA also protects employees who are harassed because the harasser believes they have a protected characteristic (even if, in reality, they do not, such as a perceived disability), or because of their association with someone who does.
Sexual harassment is the most familiar form of hostile work environment, and our Los Angeles sexual harassment page addresses it in more detail. Harassment based on race, disability, age, sexual orientation or gender identity or pregnancy is equally unlawful.
Bullying and Mistreatment Versus Unlawful Harassment
The most common misunderstanding about hostile work environment claims is that any abusive or unfair workplace is illegal. It is not. California does not have a general law against workplace bullying. A supervisor who yells, belittles employees, plays favorites, sets unrealistic deadlines or manages poorly may be acting unprofessionally, but that conduct alone does not give rise to a harassment claim.
California does require most employers to train supervisors on preventing “abusive conduct” (Gov. Code § 12950.1). That training requirement, however, does not create a right to sue over bullying that is unrelated to a protected characteristic.
What turns mistreatment into unlawful harassment is the reason behind it. The question is whether the employee is being targeted because of race, sex, disability, age, religion, sexual orientation or another protected characteristic.
| Generally not unlawful on its own | May be unlawful harassment |
|---|---|
| A manager who yells at and insults everyone on the team | A manager who yells at and insults only the women on the team, or uses sex-based insults |
| Harsh or unfair criticism of an employee’s work | Criticism mixed with comments about an employee’s age, accent or disability |
| Rude coworkers, gossip or exclusion from social events | Coworkers who repeatedly make racial jokes or use racial slurs, or exclude an employee because of religion |
| A personality conflict with a supervisor | Unwanted sexual comments, advances or touching |
| Being assigned undesirable shifts or tasks | Being assigned undesirable work because of pregnancy, disability or national origin |
These examples are not exhaustive, and every situation depends on its facts. A workplace can also involve both kinds of conduct. A supervisor who mistreats everyone can still be liable for harassment if part of that mistreatment is directed at an employee because of a protected characteristic, such as slurs or comments about a disability.
If you are unsure which side of this line your situation falls on, it helps to ask whether the conduct would be happening to you if you were of a different race, sex, age or religion, or did not have a disability. If the honest answer is yes, the conduct is likely not harassment under FEHA, although another law described below may still apply.
When Mistreatment Is Unlawful for Another Reason
Even when mistreatment is not based on a protected characteristic, it may still be unlawful if it began after the employee engaged in legally protected activity. In that situation, the claim is usually one for retaliation rather than harassment. Examples include mistreatment that follows:
- Complaining about unlawful harassment or discrimination based on a protected characteristic, whether or not the original complaint is ultimately proven
- Reporting violations of law (or conduct that you reasonably believe violates the law) to a supervisor, a government agency or law enforcement (Lab. Code § 1102.5)
- Complaining about unpaid wages or other Labor Code violations
- Reporting health or safety concerns affecting employees
- Requesting a disability accommodation or taking protected medical, pregnancy or family leave
These examples are not exhaustive. If your treatment at work changed after you took one of these protected steps, our pages on retaliation and whistleblower protection explain these claims in more detail.
How California Evaluates “Severe or Pervasive” Harassment
In 2019, the Legislature added Government Code section 12923 to clarify how courts should apply the “severe or pervasive” standard. Those clarifications make California law more protective of employees than federal law in several respects:
- A single incident can be enough. One instance of harassing conduct may create a hostile work environment if it is serious enough to interfere with the employee’s work or create an intimidating, hostile or offensive environment.
- The employee does not need to show that their work suffered. The question is whether a reasonable person subjected to the same conduct would find that it made the job more difficult to do.
- “Stray remarks” are not disregarded. A discriminatory comment by someone who was not involved in an employment decision can still be relevant evidence.
- The standard does not change by workplace. Harassment is not excused because a workplace is described as rough, casual or creative.
- Courts weigh the totality of the circumstances. The frequency, severity and context of the conduct are considered together, and the Legislature has stated that harassment cases are rarely appropriate for dismissal on summary judgment.
These protections do not change the requirement that the conduct be connected to a protected characteristic. Incidents of yelling, however upsetting, do not constitute harassment under FEHA unless they were motivated by a protected characteristic.
Who Can Be Held Responsible and What Compensation Is Available
Under FEHA, an employer is liable for unlawful harassment by a supervisor who has supervisory authority over the employee, even if the employer did not know about it. That person does not have to be the employee’s direct manager. When the harasser is a coworker, a supervisor without authority over the employee, or a non-employee such as a customer, client or contractor, the employer is liable if it knew or should have known of the harassment and failed to take immediate and appropriate corrective action. Individual harassers can also be held personally liable. Employers have a separate duty to take reasonable steps to prevent harassment and discrimination, and failing to do so is its own claim (Gov. Code § 12940(k)).
An employee who prevails on an unlawful harassment claim may be entitled to compensation for:
- Emotional distress, which is often the most significant part of a harassment case
- Lost wages and benefits, if the harassment led to the employee being demoted or wrongfully fired or otherwise losing material compensation
- Punitive damages, in cases involving malice, oppression or fraud (public entities are not liable for punitive damages)
- Attorney’s fees and costs, which FEHA allows a prevailing employee to recover from the employer
This list is not exhaustive, and the compensation available depends on the facts of each case. Our article on how much a wrongful termination case is worth in California explains how these categories are evaluated.
What to Do If You Are Being Harassed at Work
The steps you take while still employed can significantly affect the strength of a later claim:
- Report the harassment in writing. Follow your employer’s complaint procedure if it has one, such as by sending an email to human resources. A written complaint establishes that the employer was on notice, and complaining about harassment is itself protected activity.
- Expressly identify the protected characteristic. If the harassment is connected to your race, sex, disability, age or another protected characteristic, say so in your complaint. A complaint that describes only “bullying” or a “toxic” or “hostile” workplace may not put the employer on notice of unlawful harassment. In fact, merely saying you are being harassed or experiencing a hostile work environment may not be enough if you do not explain that the mistreatment is because of your protected characteristic.
- Keep track of each incident. Note the date, what was said or done, who was involved and who witnessed it.
- Save the evidence you already have. Keep copies of texts, emails, chat messages or images you received, consistent with your employer’s policies.
- Speak with an employment lawyer. An attorney can evaluate whether your situation involves unlawful harassment, retaliation or another claim, and how best to proceed.
If you were wrongfully fired after reporting harassment, our article on being fired for reporting harassment in California explains your options.
Deadlines
Before filing a FEHA lawsuit, an employee must first file a complaint with the California Civil Rights Department (CRD) and obtain a right-to-sue notice. The deadline to file with the CRD is generally three years from the date of the harassment, and the lawsuit must then be filed within one year of the right-to-sue notice. Claims under federal law require a charge with the EEOC within 300 days (the deadline for California employees). Our article on California wrongful termination deadlines explains these and other deadlines in more detail.
Frequently Asked Questions
Is a toxic work environment illegal in California?
Not by itself. A workplace that is stressful, unpleasant or poorly managed is not unlawful unless the mistreatment is connected to a protected characteristic, such as race, sex, disability or age, or is retaliation for legally protected activity.
Is it illegal for my boss to bully me?
California does not have a general law against workplace bullying. Bullying becomes unlawful when it is directed at an employee because of a protected characteristic, or when it is retaliation for something like reporting harassment, reporting a violation of law or taking protected leave.
Do I have a hostile work environment case?
You may have a case. If you are being subjected to unwelcome comments, jokes, advances or other conduct because of a protected characteristic, and the conduct is serious or repeated, it may be unlawful harassment. Because each case depends on its facts, the best way to find out is to contact us to request a free, confidential consultation.
Can a single incident create a hostile work environment?
Yes. Under Government Code section 12923, a single incident of harassment can be enough if it is serious enough to interfere with the employee’s work or create an intimidating, hostile or offensive working environment.
Can my employer fire me for complaining about unlawful harassment?
No. Retaliating against an employee for complaining about unlawful harassment or discrimination is unlawful under FEHA, even if the original complaint is not ultimately proven, as long as the employee reasonably and in good faith believed the conduct was unlawful.
How long do I have to bring a hostile work environment claim?
Under FEHA, an employee generally has three years from the date of the harassment to file a complaint with the California Civil Rights Department, and then one year after receiving a right-to-sue notice to file a lawsuit. Because other deadlines may apply, it is best to speak with an attorney as soon as possible.
Speak With a Los Angeles Hostile Work Environment Lawyer
If you are being harassed at work because of who you are, you do not have to accept it. The attorneys at Rise Law Firm have secured millions of dollars for employees in harassment, discrimination and retaliation cases, and we will tell you candidly whether your situation is one the law addresses. We represent employees with no fees or costs unless we recover compensation for you. Please contact us to request a free, confidential consultation.