California Workplace Harassment Law: The FEHA Guide
California's Fair Employment and Housing Act (FEHA) prohibits workplace harassment at employers of ANY size — even one employee — and covers contractors, interns, and volunteers. Workers have 3 years to file with the Civil Rights Department, damages are uncapped, and prevailing workers may recover attorney's fees. FEHA covers harassment from the first employee and caps no damages.
Reviewed by Craig J. Ackermann, admitted in California · Bar No. 229832
California at a glance
- Statute
- Fair Employment and Housing Act (FEHA) — Cal. Gov. Code § 12940 et seq.
- Harassment covered at
- 1+ employees for HARASSMENT (Gov. Code § 12940(j)) — 'any person regularly employing one or more persons or regularly receiving the services of one or more persons providing services pursuant to a contract.' CRD: 'Harassment is prohibited in all workplaces, even those with fewer than five employees.' Also covers applicants, unpaid interns, volunteers, and CONTRACTORS.
- Discrimination covered at
- 5+ employees for discrimination (Gov. Code § 12926(d))
- State agency deadline
- 3 years from the unlawful practice to file with CRD (Gov. Code § 12960)
- Federal EEOC deadline
- 300 days (California is a deferral state — CRD is the FEPA); for harassment the clock runs from the last incident
- After right-to-sue
- 1 year from CRD right-to-sue notice to file civil action (Gov. Code § 12965); right-to-sue notice required before filing your own lawsuit
- Damages
- NO statutory caps on compensatory or punitive damages (contrast Title VII's $50K-$300K caps)
- State agency
- California Civil Rights Department (CRD)
Verified against primary sources 2026-06-10. Statute: Cal. Gov. Code § 12940 et seq.
What you can recover under Fair Employment and Housing Act
- NO statutory caps on compensatory or punitive damages (contrast Title VII's $50K-$300K caps)
- Back pay and front pay
- Hiring / reinstatement / promotion
- Out-of-pocket expenses
- Emotional distress damages
- Punitive damages
- Attorney's fees and costs including expert witness fees (Gov. Code § 12965; prevailing defendants recover only if action was frivolous)
Special provisions worth knowing
- Harassment covered at ALL employer sizes (1+) including for contractors, interns, volunteers (§ 12940(j))
- Employer liable for nonemployee (customer/client) harassment where it knew or should have known and failed to act
- Statute current through SB 1100 (Stats. 2024, Ch. 877, eff. Jan. 1, 2025); SB 477 tolling changes eff. Jan. 1, 2026
Where to file in California
CRD
Los Angeles Office
320 West 4th Street, Suite 1000, 10th FloorLos Angeles, CA 90013
(800) 884-1684
CRD
Riverside Office
1325 Spruce Street, Suite 320Riverside, CA 92507
(800) 884-1684
Filing is CENTRALIZED statewide: online via California Civil Rights System (CCRS), phone 800-884-1684, 711 relay, TTY 1-800-700-2320, email [email protected], or mail to HQ. CRD HQ/mailing is now 651 Bannon Street, Suite 200, Sacramento, CA 95811 (older datasets show the Elk Grove Kausen Drive address — stale).
File with CRD →Sexual Harassment guides by city in California
Admitted in California
- Craig J. Ackermann · Shareholder California Bar No. 229832
- Avi Kreitenberg · Shareholder California Bar No. 266571
- Erika Smolyar · Associate California Bar No. 344138
- Milton Gao · Associate California Bar No. 352866
Was it also employment discrimination?
The same treatment can be both. If what happened to you in California was tied to your race, age, disability, sex, pregnancy, religion, or national origin, a second set of protections may apply, with its own deadlines.