What is the legal definition of “harassment” in California?

There are four primary types of harassment, each with its own meaning under California law:

1. civil (non-workplace) harassment,
2. stalking,
3. sexual harassment, and
4. non-sexual harassment.

In broad terms, each of these types of harassment involves unwelcome conduct that is either severe or pervasive. Some conduct can fall into more than one type of harassment. Harassment can even amount to a criminal offense.

Harassment victims should consider getting a restraining order to prevent the alleged harasser from contacting them. If the alleged harasser then violates the terms of the restraining order, they face serious criminal penalties including fines and jail or prison time.

If the harassment rose to the level of a crime, the state can bring misdemeanor or felony charges depending on the case. This also carries fines and jail or prison time.

Harassment victims always have the option of filing a lawsuit against the harasser in pursuit of compensation for their losses, such as for pain and suffering. In workplace harassment situations, victims may even have a cause of action against their employer.

In this article, I address key issues you need to know about the legal definition of harassment in California in and out of the workplace, including penalties and options for victims.

1) Civil Harassment

In California, civil harassment comprises any of the following situations:

• unlawful violence (such as assault or battery); or
• a credible threat of violence (which is any knowing and willful statement or conduct that would put a reasonable person in fear for their safety or the safety of their family); or
• a course of conduct (which is a series or pattern of acts over a short or long period of time) that:
  • is knowing and willful, and
  • is directed at a specific person, and
  • seriously alarms, annoys, or harasses that person, and
  • serves no legitimate purpose, and
  • would cause a reasonable person substantial emotional distress, and
  • actually does cause substantial emotional distress to the person.

Examples of civil harassment include making repeated phone calls or sending threatening emails, texts, or DMs. However, civil harassment does not include constitutionally protected activities, such as political speech.

Civil harassment does not apply to close relationships: Those situations generally fall under domestic violence laws or stalking. Civil harassment also generally applies to non-workplace situations.¹

2) Stalking

For a person to be convicted of the California crime of stalking, the prosecutor has to prove the following two elements beyond a reasonable doubt:

1. the defendant willfully and maliciously harassed or repeatedly followed someone else, and
2. the defendant made a credible threat with the intent to put the other person in reasonable fear for their safety, or for the safety of their immediate family members.⁵

To meet the “harassment” element, prosecutors have to show there was a course of conduct. This is two or more acts that indicate a continuous purpose and that furthers no legitimate purpose.⁷ Furthermore, the course of conduct has to be directed at a specific person and seriously annoys, alarms, torments, or terrorizes them.

Stalking can be a misdemeanor or a felony crime in California. If prosecutors pursue misdemeanor charges, a conviction carries up to one year in jail and/or $1,000.

Meanwhile, felony penalties include five years in prison and up to $1,000 (or higher in some cases). Stalking is always pursued as a felony offense if either:

• the stalking also violated a restraining order, or
• the defendant has a prior conviction for stalking, even if the alleged victims were not the same person.⁸

3) Sexual Harassment (and Hostile Work Environments)

Under federal employment law and the California Fair Employment and Housing Act (FEHA), sexual harassment can take two forms:

1. quid pro quo harassment or
2. a hostile working environment.

Quid pro quo sexual harassment happens when a supervisor demands sexual favors for a workplace benefit. There are five elements to establish a claim for quid pro quo sexual harassment:

1. the victim worked for the defendant, applied for a job with the defendant, or provided services to the defendant, and
2. a supervisor or another agent for the defendant made unwanted sexual advances or other conduct, and
3. a favorable working condition was made contingent on those sexual advances, whether by words or by insinuation, and
4. the worker was harmed by the harassment, and
5. the supervisor’s actions were a substantial factor in that harm.

Meanwhile, unwelcome behavior can also violate sexual harassment laws if it creates a hostile working environment. This can happen if:

• a worker receives unwanted sexual advances, derogatory comments, slurs, or lewd conduct, and
• those unwelcome acts are based on his or her sex, and
• the acts are either severe or pervasive enough to alter the conditions of employment.³

In many cases, harassment has to occur repeatedly for it to be pervasive enough. However, isolated incidents of severe conduct, such as sexual assault in the workplace, can suffice.

4) Non-Sexual Workplace Harassment

Workplace harassment does not have to be sexual in nature. In California, harassment can also be based on protected traits, such as:

• race,
• religion,
• national origin,
• sexual orientation,
• gender identity or gender expression,
• medical conditions,
• disability,
• age,
• veteran status.⁴

To be non-sexual harassment, the conduct still has to amount to a quid pro quo or create a hostile working environment, as discussed in the prior section. The vast majority of these non-sexual harassment cases involve hostile working environments.

Harassment carries civil and/or criminal penalties.

What To Do if You Are a Harassment Victim

If you are a harassment victim, it is crucial to take appropriate steps to protect yourself and seek legal remedies:

1. Document the harassment: Keep a detailed record of each incident, including dates, times, locations, and descriptions. If possible, gather and preserve any supporting evidence such as emails, text messages, or photographs that may help establish a pattern of harassment.
2. Report the harassment: If you experience workplace harassment, notify your employer or human resources department in accordance with your company’s policies. As of 2025, employers can even seek a TRO on behalf of an employee who is being harassed whether or not violence is involved or threatened. You can also contact your local law enforcement agency to file a police report for cases of civil harassment or stalking.
3. Consult with an attorney: Here at Shouse Law Group, I can provide you with personalized advice based on my experience, guide you through the legal process, and help protect your rights. I can also assist you in determining if you have grounds for a civil lawsuit against the harasser or the employer, and I can help you seek compensation for damages you may have suffered.
4. Seek support: Dealing with harassment can be emotionally challenging. Reach out to friends, family, or support groups who can provide you with understanding, empathy, and encouragement during this difficult time. Additionally, consider seeking counseling or therapy to help process your emotions and develop coping strategies.

Workplace harassment victims may be able to sue their employers.

Frequently Asked Questions

Additional Resources

For more information, refer to the following:

1. Workplace Bullying Institute – Leading organization dedicated to enacting laws against workplace bullying.
2. Workplace Harassment Legislative Principles and Priorities – The ACLU’s call for legislative action to end workplace harassment.
3. EEOC Harassment Information – Harassment overview and resources from the U.S. Equal Employment Opportunity Commission.
   
4. Right to Be – Nonprofit movement to end harassment in all spaces, including work.