Workplace Bullying in California

California workplaces should be a safe and secure place to earn a living. Employees should not experience harassment, threats, or bullying based on protected characteristics. Employers have a duty to ensure their workplace is free of unlawful behavior and bullying.

Workplace Bullying in California: How Do Laws Protect Employees?

Several labor laws protect employees from workplace bullying, including:

FEHA
ADA
Title VII of the Civil Rights Act of 1964

A lot of federal and state laws will overlap to protect different types of employees or offer additional protections. In California, the employer must comply with the law that offers the most protection for employees. The FEHA will offer the most protection in the majority of cases.

What Characteristics Are Protected in California Workplaces?

Workplace bullying only becomes unlawful if the bullying is based on protected characteristics. This creates a hostile workplace. Protected characteristics include:

Age
Disability
Gender
Martial status
National origin
Pregnancy
Race
Religion
Sex
Sexual orientation

What Actions May Be Considered Workplace Bullying?

Workplace bullying may take a number of different forms, such as teasing, jokes, and threats. Ill intent is not necessary for there to be workplace bullying. Someone may make a joke that is offensive or upsetting to someone and create a hostile work environment.

California courts will consider the workplace context, the severity of the conduct, and how often it occurs. The higher the frequency and severity of the bullying, the more likely a court is to find a hostile work environment. The employer will be held accountable for the hostile work environment regardless of whether they were aware of the situation.

Policies and Practices That May Lead to Bullying

The workplace culture will contribute to the likelihood of workplace bullying. Some of the cultures which increase the risk of bullying include:

Disorganization
High-stress jobs
Demanding jobs
Job insecurity
Layoffs
Competitive environments

Another large contributor to workplace bullying is employer practices like:

No strong anti-bullying policies
Lack of management investigation into bullying and abuse claims
Abuse from leaders
Failure to provide regular training
Lack of accountability and discipline procedures
Lack of consistent discipline

The EEOC advises employers to prevent workplace bullying by committing to positive company values and having accountability and discipline procedures that are enforced.

Can I Sue For Workplace Bullying?

If workplace bullying becomes harassment, you are more likely to win a lawsuit. Employees must show that the behavior caused a hostile workplace in order to sue.

The following behavior is considered harassment:

Physical harassment like assault, physically interfering with movement or work, or unwanted touching.
Verbal harassment like slurs, demeaning comments, threats, or obscene language.
Visual harassment like offensive drawings, objects, cartoons, or posters.
Unwanted sexual advances
Other harassment like offensive photographs, internet posts, or text messages.

The success of the harassment lawsuit will be based on the frequency and severity of the conduct. A single extremely severe incident may be sufficient to show a hostile workplace, but generally, the court will require several incidents.

How to Prevent Workplace Bullying

California employers must provide training to their employees to prevent abuse and harassment. Abusive conduct is malicious behavior that would reasonably be found as offensive or hostile. This includes:

Sabotaging work performance
Undermining work performance
Humiliation
Intimidation
Threats
Verbal abuse

For an employee to file a hostile workplace claim, the behavior must occur repeatedly or be extremely severe.

What Is a Pay Stub and Why It Matters for Employees and Employers

Pay stubs detail wages, deductions, and taxes, helping employees track earnings and employers comply with state payroll regulations. They support loan applications, reduce payroll disputes, and are required or regulated in many states across the U.S.

What Are the Proper Steps to Fire Someone in California?

Terminating an employee in California requires following legal guidelines, maintaining professionalism, and ensuring proper documentation. This guide outlines lawful termination reasons, key procedural steps, and best practices to reduce legal and financial risks.

How Long Does a Misdemeanor Stay on Your Record in California?

A misdemeanor conviction in California stays on public record indefinitely but may be eligible for expungement under specific conditions. Background checks typically show misdemeanor convictions for seven years, but expungement can remove them from most employment screenings.

How Do I Prepare a Script for Firing Someone?

Learn the professional steps for firing an employee, from preparing a script to handling emotional reactions. Understand the proper procedures, reasons, and communication techniques to ensure a smooth and respectful termination.

What Is Involved in a PAGA Lawsuit?

PAGA lawsuits allow employees to file claims for labor code violations on behalf of themselves and others in California. Employers can face significant penalties, prompting many to settle to avoid costly judgments.

What Are the Rules for 10-Minute Breaks?

California law mandates two paid 10-minute breaks and a 30-minute unpaid meal break for an eight-hour shift. Employers who fail to provide required breaks may face penalties, and employees can seek legal action for compensation.

Can I Work Six Hours Without a Lunch Break?

California law requires a 30-minute meal break for shifts over five hours, but employees can waive it if working exactly six hours. Employers must comply with strict labor laws, ensuring uninterrupted meal breaks and legal protections for workers.

What Can I Do If My Employer Didn’t Pay Me on Payday?

Employers in California must pay workers on time, or they may face penalties of up to 30 days' wages for delays. Employees can file wage claims, seek legal assistance, or report violations to the California Labor Commissioner's Office for unpaid wages.

What Qualifies as a Hostile Work Environment in California?

Employees in California facing severe or persistent harassment based on protected traits may have legal options under state and federal laws. Filing a complaint with the California Civil Rights Department or consulting an employment attorney can help protect workplace rights and seek compensation.

When Is a Doctor’s Note for Work Required in California?

California employers generally cannot demand a doctor's note for sick leave, but exceptions exist under specific laws and circumstances. Legal conflicts persist, and employers may require medical documentation for disability accommodations, FMLA leave, or other valid reasons.

What Does California Law Say About Final Paycheck Rules?

California law mandates that final paychecks be provided promptly, with termination pay due immediately and resignation pay within 72 hours. Employers must include all owed wages, expenses, and accrued benefits, with penalties for late or incomplete payments.

Can an Employer Deny a Doctor’s Note?

An employer may deny a doctor's note if the absence does not qualify for legal protections under disability or family leave laws. Employers must evaluate medical documentation, employee statements, and applicable laws before considering disciplinary action.

How Much Can You Sue an Employer for Misclassification?

An employer's misclassification tactics can deny you fair wages, benefits, and legal protections. You may be entitled to compensation, including back pay, retirement contributions, and potential punitive damages, by pursuing legal action.

How Serious Is an EEOC Complaint?

An EEOC complaint can lead to costly legal battles, reputational damage, and mandatory policy changes for businesses. Employers may face financial penalties, investigations, and compliance requirements, impacting operations and workforce morale.

Do You Have Sample Letters for Termination of a Contract?

A contract termination letter formally ends a business agreement while protecting interests. This guide outlines key steps, considerations, and sample letters.

What Is a WARN Notice in California?

The California WARN Act requires businesses with 75 or more employees to provide 60 days' notice before mass layoffs, plant closures, or relocations. Noncompliance can lead to fines, back pay, and healthcare costs, making adherence essential for legal and financial stability.

What Is FICA and How Does It Impact Payroll Taxes?

FICA is a payroll tax that funds Social Security and Medicare, requiring contributions from both employers and employees. Employers must withhold, match, and submit FICA taxes while following IRS guidelines on deposit schedules, wage bases, and additional Medicare tax requirements.

What Is At-Will Employment and How Does It Impact Employee Rights?

At-will employment allows employers and employees to end their working relationship at any time without cause, impacting job security and flexibility. While it provides businesses with staffing flexibility, employees face fewer legal protections and potential job instability.

Employers Should Exercise Caution When Terminating Employees After Disability Leave

Employers should exercise great caution when considering whether to terminate an employee who is on leave. Employers are cautioned not to automatically terminate employment solely because an employee has used or exhausted their disability leave entitlement.

What Is FUTA? 2025 Rates and How to Calculate FUTA Tax

The Federal Unemployment Tax Act (FUTA) imposes a payroll tax on businesses that have employees, collecting revenue that funds unemployment benefits.

What Is the Difference Between a 1099 Contractor and an Employee?

A 1099 contractor operates independently, covering their own taxes and expenses, while a W-2 employee receives benefits and employer tax contributions. Misclassifying workers can result in fines, making it essential to assess control, financial arrangement, and job nature before classification.

How Do Contractors Typically Get Paid? Payment Methods and Legal Guidelines

Contractors receive payments through direct deposits, checks, payroll services, or online transfers, following legal and tax regulations. Proper classification, documented agreements, and compliance with IRS reporting ensure smooth transactions and avoid penalties.

What Is the Definition of a Non-Exempt Employee?

Non-exempt employees are entitled to overtime pay and must earn at least the federal minimum wage under FLSA regulations. Unlike exempt workers, they are typically paid hourly and receive 1.5 times their wage for extra hours.

Can Union Representatives Be Present at Disciplinary Meetings?

Employees have the right to request a union representative during investigative interviews that may lead to disciplinary action. Employers must comply or face potential labor law violations under the National Labor Relations Act.

What Is an FTE (Full-Time Equivalent)?

A full-time equivalent (FTE) measures employee work hours, combining part-time and full-time schedules into a standardized metric. Businesses use FTE calculations for staffing, budgeting, and compliance with regulations like the Affordable Care Act.

What Are the Signs of Unfair Treatment at Work?

Unfair treatment at work includes discrimination, pay gaps, and biased promotions, impacting employees' well-being and career growth. Recognizing signs like harassment, favoritism, and wrongful termination helps employees take action against workplace discrimination.

What Is a Statutory Employee on a W-2 Form?

A statutory employee is a self-employed worker classified as an employee for tax withholding purposes, receiving a W-2 instead of a 1099-MISC. These workers can deduct business expenses on Schedule C but typically do not receive traditional employee benefits like health insurance or retirement plans.

What Laws Protect Employees From Workplace Bullying

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Workplace Bullying in California