Workplace harassment is more common than many people realize — and under California law, it’s illegal. If you’re being harassed on the job, you have rights. With the right documentation and legal support, you may be able to take action and protect yourself.
At California United Law Group, we’ve helped countless employees build and pursue strong harassment claims under California law. In this post, we’ll break down the key steps to proving workplace harassment, what evidence helps most, and how California courts evaluate these cases.
What Qualifies as Workplace Harassment?
Under California’s Fair Employment and Housing Act (FEHA), workplace harassment becomes unlawful when it is:
- Based on a protected characteristic (such as sex, gender, race, national origin, immigration status, disability/medical condition, age, sexual orientation, etc.);
- Severe or pervasive enough to create a hostile or abusive work environment; or
- Tied to employment decisions (quid pro quo sexual harassment)
👉 Read our full post: What Counts as Workplace Harassment Under California Law
Step 1: Document Everything
Documentation is your strongest defense. Keep a detailed written record of every incident, including:
- Dates and times
- What was said or done
- Where it happened
- Who was involved
- Any witnesses present
Step 2: Preserve Evidence
In addition to written records, gather any physical or digital evidence, such as:
- Emails or text messages
- Slack, Teams, or chat app screenshots
- Photos or videos
- Voicemails or handwritten notes
- Performance reviews or written reprimands that may show workplace retaliation
Step 3: Identify Witnesses
Witnesses can play a crucial role in supporting your claim. These might include:
- Coworkers who saw or heard the harassment
- Employees who were also targeted
- HR personnel who received your complaint
Step 4: Follow Company Reporting Procedures
Before pursuing legal action, it’s essential to show that you tried to address the issue internally. You should:
- Report the harassment to HR or your supervisor
- Keep a record of when and how you reported it
- Save copies of any HR responses or lack thereof
Step 5: Contact an Attorney
An experienced employment attorney can evaluate your evidence, prepare any required administrative filings, ensure deadlines are met, and position your claim(s) for maximum leverage—whether through settlement or litigation. Early legal guidance can significantly affect the strength and value of your case.
How California Courts Evaluate Harassment Claims
Courts consider a variety of factors, including:
- The frequency and severity of the conduct
- Whether a reasonable person would find the environment hostile or abusive
- Whether the employer took appropriate action once informed
- The credibility and consistency of your evidence and witness accounts
Final Thoughts: Protecting Yourself and Your Case
If you believe you’re experiencing workplace harassment, don’t wait. The sooner you begin documenting and reporting the issue, the stronger your legal position will be.
At California United Law Group, we’re dedicated to helping California employees hold employers accountable. We offer free, confidential consultations to help you understand your rights and next steps.
Schedule Your Free Consultation
If you’re dealing with workplace harassment, contact us today.
