Understanding Your Rights Under California Employment Law

California provides some of the strongest worker protections in the country. State laws such as the Fair Employment and Housing Act (FEHA), the Labor Code, the California Family Rights Act (CFRA), and various wage and hour statutes give employees enforceable rights when employers cross legal boundaries. Understanding these rights is critical if you are facing mistreatment at work.

This guide explains several of the most common employment law claims in California, including sexual harassment, wrongful termination, discrimination, retaliation, whistleblower retaliation, failure to accommodate, workplace harassment, and wage and overtime class actions.

Sexual Harassment

Sexual harassment is unlawful under Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA). California law provides broader protections than federal law. FEHA applies to employers with five or more employees for discrimination claims, and harassment protections extend even further. Individual supervisors and coworkers can also be held personally liable for harassment under California law.

Sexual harassment is defined as unwelcome conduct based on sex, gender, gender identity, gender expression, sexual orientation, pregnancy, childbirth, or related medical conditions. The conduct must either result in a tangible employment action or be severe or pervasive enough to create a hostile or abusive work environment.

Importantly, harassment does not have to be motivated by sexual desire. Conduct rooted in gender hostility, stereotyping, or power dynamics can also qualify. Both men and women can be victims, and harassment can occur between people of the same sex.

There are two primary legal categories of sexual harassment.

Quid Pro Quo Harassment

Quid pro quo harassment occurs when a supervisor or someone with authority conditions employment benefits on submission to sexual conduct. Because it involves someone with decision making power, this type of harassment is often direct and tied to concrete job consequences.

Examples include:

• Promising a promotion in exchange for sexual favors
• Threatening termination or discipline if advances are rejected
• Conditioning raises, bonuses, or continued employment on sexual compliance
• Offering preferred assignments or opportunities in return for sexual conduct

In these cases, a single incident may be sufficient if it results in a tangible employment action such as termination, demotion, or loss of pay. Employers are typically strictly liable for quid pro quo harassment committed by supervisors.

Hostile Work Environment

Hostile work environment harassment occurs when unwelcome conduct based on sex is severe or pervasive enough to alter the conditions of employment and create an abusive working environment. The conduct must be evaluated from the perspective of a reasonable person in the employee’s position.

Examples include:

• Repeated sexual comments, jokes, or innuendo
• Unwanted touching or physical proximity
• Sexually explicit messages, emails, or images
• Persistent requests for dates after rejection
• Derogatory comments about gender or sexual orientation
• Display of sexually suggestive materials in the workplace

The behavior does not need to be both severe and pervasive. A single incident can be enough if it is extremely serious, such as sexual assault. In other cases, a pattern of ongoing conduct may establish a hostile environment even if individual incidents appear less extreme.

Employer Duties Under California Law

Employers in California have an affirmative duty to take reasonable steps to prevent and correct sexual harassment. This includes:

• Implementing written anti harassment policies
• Providing required sexual harassment prevention training
• Establishing complaint procedures
• Conducting prompt, thorough, and impartial investigations
• Taking corrective action when harassment is found

If an employer knew or should have known about harassment and failed to act, the employer may be liable. This applies even if the harassment is committed by a coworker, customer, vendor, or other third party, provided the employer had notice and the ability to take corrective measures.

Retaliation for reporting sexual harassment is also illegal. Employees who complain about harassment, participate in investigations, or file administrative charges are protected from adverse action.

Sexual harassment claims are fact specific. Courts evaluate the frequency of conduct, its severity, whether it was physically threatening or humiliating, and whether it interfered with the employee’s work performance. Proper documentation, timely reporting, and preservation of evidence are critical in pursuing these claims under California law.

Workplace Harassment

Harassment is not limited to sexual conduct. California law prohibits harassment based on protected characteristics such as:

• Race or color
• National origin
• Religion
• Disability
• Age (40 and older)
• Sexual orientation
• Gender identity or expression
• Medical condition

Harassment may involve verbal abuse, exclusion, derogatory remarks, mocking, intimidation, or visual displays of offensive material. The key question is whether the behavior is severe or pervasive enough to create an abusive work environment.

Employers must take reasonable steps to prevent harassment, including implementing policies, providing training, and investigating complaints promptly.

Workplace Discrimination

Discrimination occurs when an employer takes adverse action against an employee because of a protected characteristic. Adverse actions can include:

• Termination
• Demotion
• Reduction in pay
• Denial of promotion
• Refusal to hire
• Discipline

Under FEHA, a disability only needs to “limit” a major life activity. It does not need to substantially limit the activity, which is a lower threshold than federal law.

Discrimination claims often rely on circumstantial evidence, such as suspicious timing, inconsistent explanations, disparate treatment, or patterns of biased decision making.

Wrongful Termination

California is an at will employment state. This means employers may generally terminate employees for any lawful reason. However, termination becomes unlawful when it violates statutory protections or public policy.

Common wrongful termination claims include termination based on:

• Discrimination
• Retaliation
• Reporting unlawful conduct
• Taking protected leave
• Requesting reasonable accommodations
• Refusing to engage in illegal activity

Employees who prove wrongful termination may recover lost wages, emotional distress damages, attorney’s fees, and in some cases punitive damages.

Retaliation

Retaliation occurs when an employer takes adverse action because an employee engaged in protected activity.

Protected activity includes:

• Reporting discrimination or harassment
• Filing a complaint with the Civil Rights Department or EEOC
• Reporting wage violations
• Complaining about unsafe working conditions
• Participating in an investigation

To establish retaliation, an employee must generally show:

1. They engaged in protected activity
2. The employer took adverse action
3. A causal connection exists between the two

Temporal proximity, written complaints, and inconsistent discipline can be important evidence.

Whistleblower Retaliation

California Labor Code section 1102.5 protects employees who disclose or threaten to disclose violations of state or federal law.

Employees are protected when reporting to:

• Government agencies
• Law enforcement
• Supervisors or managers with authority to investigate
• Public bodies conducting hearings

The employee must have reasonable cause to believe a violation occurred. The violation does not have to be proven correct.

Adverse actions can include termination, demotion, blacklisting, or other forms of punishment.

Whistleblower claims often involve complex factual disputes and require careful documentation of complaints and employer responses.

Failure To Accommodate

Employers in California must provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship.

A disability under FEHA includes physical or mental conditions that limit a major life activity. Major life activities include working, concentrating, thinking, walking, and interacting with others.

Common accommodations include:

• Modified schedules
• Remote work
• Leave for treatment
• Reassignment to vacant positions
• Modified duties
• Assistive equipment

Employers must engage in a timely, good faith interactive process to determine appropriate accommodations. Failure to participate in this process can itself be a violation of the law.

If an employer denies an accommodation request without legitimate reason, or refuses to explore alternatives, the employee may have a claim.

Wage And Overtime Class Actions

California has strict wage and hour laws that often provide greater protection than federal law. Employers must comply with rules regarding:

• Minimum wage
• Overtime pay
• Meal and rest breaks
• Timely payment of wages
• Accurate wage statements
• Reimbursement of business expenses

Wage violations often affect groups of employees. When unlawful practices are widespread, employees may pursue class action claims.

Common class action issues include:

• Misclassification of employees as independent contractors
• Failure to pay overtime
• Automatic meal break deductions
• Off the clock work
• Unpaid bonuses or commissions
• Failure to reimburse required expenses

Class actions allow employees to pursue claims collectively, which can be more efficient and effective when violations are systemic.

Remedies Available In Employment Law Cases

Depending on the claim, employees may recover:

• Back pay
• Front pay
• Lost benefits
• Emotional distress damages
• Punitive damages in cases of malice or oppression
• Attorney’s fees and costs
• Reinstatement or policy changes

Many claims require administrative filing with the California Civil Rights Department or the EEOC before filing a lawsuit. Wage claims may involve the Labor Commissioner or civil court.

Deadlines vary depending on the type of claim, so prompt action is important.

Taking Action If Your Rights Are Violated

Employment disputes often involve power imbalances and complex legal standards. Documentation is critical. Employees should preserve:

• Emails and text messages
• Performance reviews
• Written complaints
• Disciplinary records
• Pay stubs and time records
• Witness contact information

If you believe your rights have been violated, consulting an experienced California employment attorney can help you understand your options.

Miracle Mile Law Group represents California employees in matters involving harassment, discrimination, retaliation, wrongful termination, wage claims, whistleblower cases, and failure to accommodate.

Understanding your rights is the first step. Acting within the required deadlines is the next. California law provides strong protections, but enforcement depends on informed and timely action.