I’m being harassed at work, but I’m afraid to speak up. What should I do?

California’s Fair Employment and Housing Act (FEHA) provides comprehensive protection against harassment based on protected characteristics. If the harassment is because of these protected characteristics, workplace harassment is illegal under California law, and you have multiple options for addressing it while protecting yourself legally and practically. 

California law recognizes harassment based on race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and military or veteran status. The harassment must be sufficiently severe or pervasive to alter the conditions of your employment and create a hostile work environment. This doesn’t require economic harm; harassment that makes your workplace intimidating, hostile, or offensive can be actionable even if you don’t lose wages or benefits. 

What is harassment?  Under FEHA, harassment includes verbal conduct such as epithets, derogatory comments, or slurs; visual conduct like displaying offensive objects, pictures, or cartoons; physical conduct including assault, impeding movement, or unwanted touching; threats and demands; and other conduct that creates an intimidating, hostile, or offensive work environment. Sexual harassment specifically includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. 

If you are harassed, what should you do? Document the harassment!  Create a detailed written record of each incident including the date, time, location, people present, exactly what was said or done, and how it affected you. You ae not going to remember the events clearer than when it just happened.  

Note any witnesses who might have observed the behavior. Keep copies of any relevant emails, text messages, or other communications. Save hostile or inappropriate voicemails if you receive them. This documentation will be crucial regardless of how you choose to proceed, as memories fade and evidence can disappear over time. 

Consider reporting the harassment through your employer’s internal complaint process if one exists. Many employers have anti-harassment policies and procedures that you should follow. However, the absence of a formal policy doesn’t excuse your employer from addressing harassment. When making an internal complaint, do so in writing and keep copies for your records. If you report verbally, follow up with an email confirming what you discussed. 

If internal reporting doesn’t resolve the harassment or if you’re uncomfortable reporting internally, you can file a complaint with the California Civil Rights Department (CRD). The CRD investigates harassment complaints and can order remedies including reinstatement, back pay, and changes to workplace policies. Filing with the CRD also preserves your right to file a lawsuit later if necessary. 

California’s anti-retaliation laws protect you from punishment for reporting harassment or participating in investigations. Your employer cannot fire, demote, discipline, or otherwise retaliate against you for making good faith complaints about harassment, even if the investigation doesn’t substantiate your claims. Retaliation itself is a separate legal violation that can result in significant damages. 

Your employer has a legal obligation to prevent harassment from occurring and to take immediate and appropriate corrective action when harassment is reported. California law holds employers strictly liable for harassment by supervisors, managers, or other agents. For harassment by coworkers, customers, or vendors, your employer is liable if it knew or should have known about the harassment and failed to take prompt corrective action. 

If the harassment continues or escalates, consider whether you need to take steps to protect your physical safety. Trust your instincts about potentially dangerous situations. If you feel threatened, don’t hesitate to contact law enforcement or seek a restraining order if appropriate. Your safety is paramount, and you shouldn’t endure threatening behavior simply to preserve your job. 

Save any evidence of how the harassment has affected you, including medical records if you’ve sought treatment for stress, anxiety, or other health impacts. Keep records of any time you’ve missed work due to the harassment or its effects. Document any expenses you’ve incurred as a result of the harassment, such as counseling costs or medical treatment. 

Consider speaking with trusted colleagues who might have witnessed the harassment or experienced similar treatment. Their testimony could be valuable if you decide to pursue legal action. However, be mindful that discussing the situation at work could potentially complicate matters, so use your judgment about who to confide in. 

If you decide to consult with an attorney, do so sooner rather than later. California has a one-year statute of limitations for filing FEHA complaints with the CRD, and this deadline can be critical to preserving your rights. An employment attorney can help you understand your options, evaluate the strength of your case, and develop a strategy for addressing the harassment. 

What about retaliation?  While it’s natural to fear retaliation for speaking up, remember that staying silent often allows harassment to continue and can make it harder to pursue legal remedies later. California law provides strong protections for employees who report harassment, and courts have consistently held that the fear of retaliation cannot excuse employers from their obligation to maintain harassment-free workplaces. 

Consider also that reporting harassment can help protect other employees who might be experiencing similar treatment. Many harassers target multiple victims, and your complaint could help establish a pattern of behavior that strengthens everyone’s claims. 

If the harassment is affecting your mental health, don’t hesitate to seek counseling or other professional support. The emotional impact of workplace harassment can be significant, and addressing it is important for your wellbeing regardless of what legal action you might take. 

Remember that you have the right to a workplace free from harassment, and California law provides meaningful remedies when employers fail to meet their obligations. While it takes courage to speak up, you have legal protections and practical options for addressing workplace harassment effectively. 

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harassment, Harassment at work