If you are planning to file a workplace harassment case, there are many different elements you need to consider first. For example, you need to know why the harasser’s job title can decide your case in CA.
You may want to consider speaking with a California employment attorney who can guide you through the filing process. First and foremost, you need to consider exactly who you are accusing of harassment, because the process may be different depending on their place in the company.
Filing a harassment case can be a difficult process if you’ve never done it before and are fairly unsure of what to do. You should hire an employment lawyer to help you navigate the state’s employment laws and put together a strong employment case that names the right people and seeks accountability for the actions that have been taken against you. Our firm can devote years of combined legal experience to helping you do this the right way.
Workplace Harassment in California
Nobody deserves to be harassed at work. Regardless of who is doing it, you should always report the behavior. If it doesn’t stop, you should hire an employment lawyer and pursue legal action by reporting them to the Civil Rights Department (CRD) or even taking it further with the Equal Employment Opportunity Commission (EEOC). The EEOC had 1,057 age discrimination filings and 2,066 disability discrimination filings in 2025, just to name a few common types of harassment cases.
Still, it’s vital that you follow the right protocol when it comes to reporting, as things may be different depending on whether you are being harassed by your boss or harassed by a coworker. As of 2025, there were 17,992,600 payroll jobs throughout California. That’s a significant number of employee/employer relationships, and some of them can be volatile. State law prohibits harassment of any kind from any employee, but it still happens all the time.
Why the Harasser’s Job Title Can Decide Your Case
The approach you take in a harassment case can be different depending on who in your company is harassing you or who is ignoring your complaint. It’s important to be aware of what you need to do and where liability lies in your case. Your lawyer can help you figure out the right approach, as you may be reluctant to do it yourself out of fear of termination or retaliation, which is reasonable.
If you are being harassed by your boss, the company itself may be legally responsible for the behavior. This is true even if upper management had no knowledge of the harassment. California’s labor laws force employers to face automatic strict liability for illegal harassment that’s committed by a supervisor.
If you are harassed by an employee who is on the same level as you, liability may not automatically lie with the company. Harassment committed by a peer may not paint the entire company in a negative light.
If you want to prove that your company knew about the harassment and did nothing, the burden of proof lies with you. Formal written complaints to H.R. or upper management are vital in these cases because they show the exact date that the company became aware.
FAQs
Who Has the Burden of Proof in Workplace Harassment Cases?
In workplace harassment cases in California, the burden of proof always lies with the plaintiff. It’s up to you to prove that the harassment occurred and your employer knew about it, but did nothing. This is often much easier said than done. Gathering evidence of harassment can be difficult, especially if your company is actively trying to cover up their involvement or suppress evidence. Be sure to document every interaction and keep a close eye on evidence.
What Scares H.R. the Most in Harassment Cases?
If you move forward with a workplace harassment case, there are many different things that can scare your company’s H.R. department. They fear the possibility of the company’s legal liability, the systemic failure of policies that could be revealed by an investigation, and any claims of retaliation that you may make that can be substantiated. Essentially, H.R. fears anything that can paint the company in a negative public light.
What Is Considered Harassment by a Coworker?
Any behavior towards a coworker that’s unwelcome, offensive, threatening, or abusive can be perceived as harassment in a California workplace. It’s illegal for anyone to harass you because of a protected trait, such as your age, race discrimination, skin color, gender identity, sexual orientation, disability, religion, national origin, or pregnancy. Harassment can be verbal, physical, or even visual. If it’s happening to you, report the incident promptly and take it further if needed.
What Are the Three Factors to Determine Unlawful Workplace Harassment?
There are three factors that potentially determine whether unlawful workplace harassment has occurred:
- Unwelcome conduct. To be considered harassment, the employee must consider the conduct unwelcome. They didn’t ask for it. They didn’t encourage it.
- Severe or pervasive. This was not an isolated incident. It has happened over and over again. It has gotten so bad that it has fostered a hostile work environment.
- Job interference. The harassment has started to affect the complainant’s job performance.
Make Sure You Hire an Employment Lawyer Today
Dealing with a severe case of workplace harassment can be unbearable. It can be even worse when the harassment is coming from your boss. Many individuals in this situation feel a sense of powerlessness and struggle to know where to begin in taking the proper steps towards justice and resolution. When you decide to hire sound legal representation to handle things on your behalf, you are taking the first steps.
At California Employment Counsel, APC, we understand the difficulties ahead of you when filing a case of workplace harassment. We can help you gather evidence, build a case, and keep you from being taken advantage of by your employer. Contact us to speak with someone on our team about what we can do for you.
