The Top Five Most Common Forms of Workplace Harassment in California

Recognizing the Most Common Forms of Harassment and When They Contribute to a Hostile Work Environment

Last updated: June 2026

The five most common types of workplace harassment in California are racial harassment, religious harassment, sexual harassment, age-based harassment (for employees 40+), and disability harassment. To be unlawful, the conduct must be based on a protected characteristic and be severe or pervasive enough to create a hostile work environment.

California law—through the Fair Employment and Housing Act (FEHA)—prohibits workplace harassment based on protected characteristics, including race, religion, sex, age, and disability. Federal law under Title VII and the ADA provides additional protections.

But not every unpleasant interaction at work is illegal harassment. Understanding what behaviors cross the legal line—and when they create a hostile work environment—helps you recognize when you have a valid claim.

What Is Workplace Harassment Under California Law?

Workplace harassment is unwelcome conduct based on a protected characteristic—race, color, religion, sex, national origin, age (40+), disability, or genetic information—that is severe or pervasive enough to create a hostile, intimidating, or abusive work environment.

The U.S. Equal Employment Opportunity Commission defines harassment as unwelcome conduct based on protected characteristics. California’s FEHA provides even broader protections, covering additional categories like sexual orientation, gender identity, and medical conditions.

Two key elements must be present: the conduct must be based on a protected characteristic (not just general rudeness or personality conflicts), and it must be severe or pervasive. A single isolated comment usually isn’t enough—unless it’s extreme. But repeated comments, ongoing patterns, or particularly egregious behavior can create liability.

What Is Racial Harassment in the Workplace?

Racial harassment includes offensive conduct based on an employee’s race, color, ethnicity, or national origin—such as slurs, stereotypes, offensive symbols, or exclusion from workplace activities based on race.

Racial harassment remains common in California workplaces. Examples include:

• Racial slurs or stereotypes—often disguised as “jokes” or “locker room talk”
• Display of offensive symbols or images (Confederate flag, swastika, racist memes)
• Mocking an employee’s accent, name, or cultural practices
• Excluding employees from meetings, projects, or social activities based on race
• Less favorable treatment compared to employees of other races

The “it was just a joke” defense doesn’t work. If the conduct is unwelcome and based on race, it can constitute harassment regardless of the speaker’s claimed intent.

What Is Religious Harassment in the Workplace?

Religious harassment targets employees based on their religious beliefs, practices, or observances—including mocking religious clothing, coercing participation in religious activities, or denying reasonable accommodations for religious practices.

Religious harassment can target any faith—or lack of faith. Examples include:

• Mocking or making derogatory comments about religious clothing (hijab, yarmulke, turban)
• Ridiculing prayer practices or religious dietary restrictions
• Forcing employees to participate in religious activities (mandatory prayer meetings, religious messaging)
• Denying reasonable accommodations for religious holidays or observances
• Pressuring employees to abandon or hide their religious practices

California law requires employers to reasonably accommodate religious practices unless doing so creates an undue hardship. Refusing to accommodate—or harassing employees who request accommodations—can create liability.

What Is Sexual Harassment in the Workplace?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a sexual nature. California recognizes two types: hostile work environment harassment and quid pro quo harassment.

Sexual harassment is the most widely recognized form of workplace harassment—but it’s often misunderstood. Physical contact or sexual desire isn’t required.

Hostile work environment: Unwelcome conduct that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment. Examples include:

• Unwanted touching, hugging, or physical contact
• Sexual comments, jokes, or innuendos
• Sending or displaying sexually explicit images or messages
• Leering or making sexual gestures
• Repeatedly asking someone on dates after they’ve declined

Quid pro quo: When a supervisor or someone with authority conditions job benefits—promotions, raises, favorable treatment, continued employment—on sexual favors. Even a single incident of quid pro quo harassment is actionable.

Sexual harassment also includes gender-based harassment that isn’t sexual in nature. A woman in a male-dominated field who faces comments about being “too emotional” or “not strong enough” because of her sex may have a harassment claim. Harassment of pregnant employees—such as reducing responsibilities based on assumptions about “hormones” or capability—also qualifies.

What Is Age-Based Harassment in the Workplace?

Age-based harassment targets employees 40 and older with offensive comments, exclusion from opportunities, or pressure to retire. Under California’s FEHA and the federal ADEA, workers over 40 are protected from harassment based on their age.

Age harassment can be subtle—the line between “good-natured teasing” and a hostile work environment isn’t always clear. Examples include:

• Comments like “you’re too old to learn new technology” or “when are you going to retire?”
• Nicknames like “grandpa,” “dinosaur,” or “old timer”
• Being excluded from training, professional development, or high-profile projects
• Pressure to retire or take early retirement packages
• Being passed over for promotions in favor of younger, less experienced employees

To evaluate an age harassment claim, look at patterns: How are you treated compared to younger coworkers? Are age-related comments frequent? Are older employees systematically excluded from opportunities? Individual comments may seem minor, but cumulative conduct can create a hostile environment.

What Is Disability Harassment in the Workplace?

Disability harassment includes offensive conduct based on a physical or mental disability—mocking, slurs, denying reasonable accommodations, or treating disabled employees as less capable or less valuable than others.

Disability harassment is one of the most common types of workplace harassment in California. Both California’s FEHA and the federal ADA protect employees from discrimination and harassment based on disability. Examples include:

• Mocking or imitating an employee’s disability
• Using slurs or derogatory terms related to disabilities
• Making assumptions about what a disabled employee can or cannot do
• Denying reasonable accommodations (assistive technology, modified schedules, accessible workspaces)
• Treating accommodations as burdens or complaining about “special treatment”
• Excluding disabled employees from meetings, events, or advancement opportunities

California law requires employers to engage in an interactive process to identify reasonable accommodations. Refusing to do so—or retaliating against employees who request accommodations—violates the law.

When Does Harassment Create a Hostile Work Environment?

Harassment creates a hostile work environment when it is severe or pervasive enough that a reasonable person would find the workplace intimidating, hostile, or abusive. A single comment usually isn’t enough—but one extreme incident or a pattern of lesser conduct can qualify.

Not every offensive comment is illegal harassment. Courts consider several factors:

• Frequency: How often does the conduct occur? Daily comments weigh more heavily than a single incident.
• Severity: How serious is each incident? A physical assault or explicit threat can be severe enough on its own.
• Physical vs. verbal: Physical conduct is generally treated as more severe than verbal conduct.
• Impact on work: Does the conduct interfere with your ability to do your job?

Important: harassment can come from anyone—not just supervisors. Coworkers, employees you supervise, clients, vendors, and contractors can all create a hostile work environment. Your employer has a duty to address harassment once they know or should know about it, regardless of who the harasser is.

What Can You Recover in a California Workplace Harassment Claim?

Remedies for workplace harassment in California can include back pay, reinstatement, compensatory damages for emotional distress, and in some cases punitive damages. Employers who fail to address reported harassment face significant liability.

If you report harassment and your employer fails to take appropriate action—or if you’re retaliated against for reporting—you may be entitled to:

• Back pay: Lost wages if you were terminated, demoted, or forced to resign
• Reinstatement: Return to your position if you were wrongfully terminated
• Compensatory damages: Compensation for emotional distress, anxiety, depression, and other harm
• Punitive damages: In cases involving especially egregious conduct or willful disregard
• Attorney’s fees: In successful FEHA claims, the employer may be required to pay your legal fees

California’s FEHA provides strong protections—and employers who ignore complaints or retaliate against employees who report harassment face serious consequences.

When Inappropriate Behavior Crosses the Line Into a Hostile Work Environment

One of the qualifiers for behavior to be considered workplace harassment is that it has to be severe or pervasive or become a condition of employment. In simple terms, this means that a passing comment by one coworker who was having a bad day isn’t likely to rise to the standard of workplace harassment. However, when the comments happen from multiple people or are a consistent part of the workplace, it can create a work environment that’s considered hostile, intimidating, or abusive. Another key misconception is that harassment can only come from someone who is in a supervisory position over you. In truth, harassment can come from anyone in the workplace, including those you supervise or employees in other departments. 

There can be serious consequences for employers who fail to address workplace harassment after it’s been reported. An employer could end up owing you back pay and may be forced to reinstate your position if you were wrongfully terminated. Depending on the situation, you could also be awarded compensatory damages for emotional distress. If you dread going to work every day because of harassing and discriminatory comments and behaviors from other employees, call the team at Odell Law, PLC, at 949-771-8173.