If you’re feeling mistreated at work, you’re not alone. Many California employees contact our law firm because they believe they are being harassed by a boss, supervisor, or coworker. And often, they describe situations involving ongoing verbal abuse, bullying, rude comments or hostile treatment. These experiences are real and distressing. But under California law, not all rude or unpleasant treatment qualifies as “harassment” in the legal sense.
So, what does the law actually say about workplace harassment?
Harassment Must Be Based on a Protected Characteristic
California’s Fair Employment and Housing Act (FEHA) prohibits harassment in the workplace, but only when that harassment is tied to a protected characteristic or class. This includes:
- National origin
- Race
- Physical or mental disability
- Medical condition
- Religion
- Age (40 and older)
- Sex
- Pregnancy (including childbirth and breastfeeding)\
- Gender
- Color
- Ancestry
- Gender identity or gender expression
- Sexual orientation
- Marital status
- Military or veteran status
- Genetic information
If your supervisor is yelling at you every day, belittling you in front of coworkers, or micromanaging your every move, that conduct might be toxic—but it is not illegal unless it can be connected to one of these protected categories.
Examples of Legally Actionable Harassment
Here are a few scenarios that could qualify as unlawful harassment:
- A manager making fun of an employee’s disability—such as imitating their physical condition or accusing them of faking it—and assigning them worse duties as “punishment.”
- A manager repeatedly mocks an employee’s accent and makes derogatory remarks about their national origin.
- Coworkers calling a female employee inappropriate names, making sexual comments, sexual advances, or touching her without consent.
- Coworkers isolate or bully an employee because of their religion, race or gender identity.
- A team lead frequently berates a worker about their age, implying they’re “too old to keep up” and “should retire already”
- Derogatory jokes or slurs based on race, religion, or sexual orientation being made frequently and openly in the workplace.
- An employer referring to a transgender employee by the wrong pronouns on purpose, or repeatedly and intentionally using their deadname.
- A colleague mocking an employee for needing time off due to pregnancy, making statements such as “We need someone who actually shows up.”
In each of these examples, the harassment targets a legally protected characteristic. That distinction is crucial for bringing a successful claim.
What Doesn’t Count as Legal Harassment?
Unfortunately, general rudeness, bullying, or a hostile tone from a boss is not enough to support a harassment claim unless there’s a clear link to a protected category. Here are some common examples of non-actionable behavior:
- A manager who is generally rude or demanding to all employees.
- A coworker who gossips or creates drama but doesn’t target any protected traits.
- Supervisors who criticize your performance harshly or unfairly but treat others the same way.
These situations may still be worth addressing through HR, internal complaint processes, or workplace investigations—but they likely won’t rise to the level of unlawful harassment under FEHA.
When to Speak with an Attorney
If you’re unsure whether the treatment you’re experiencing qualifies as illegal harassment, you should consult with an experienced employment attorney. At California United Law Group, we evaluate each situation carefully to determine whether legal action is appropriate.
We focus exclusively on representing employees in workplace disputes. If you’re being mistreated at work and believe it may be tied to your disability (physical or mental), medical condition, national origin, race, gender, sex, religion, age, pregnancy or another protected category, we invite you to contact us for a free consultation with one of our experienced employment law attorneys.
Know Your Rights. Take Action.
Workplace harassment is a serious issue—but not all hostile treatment is unlawful. Knowing the difference can help you protect your rights and make informed decisions. If you have questions, we are here to help.
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