Harassment Law in California: The “Severe or Pervasive” Standard
Introduction
California workplace harassment law requires that conduct be “severe or pervasive” to qualify as unlawful. This standard means the conduct must fundamentally alter working conditions and create a hostile, intimidating, offensive, oppressive, or abusive environment. Cal. Gov’t Code § 12923; Miller v. Dep’t of Corrections, 36 Cal.4th 446, 462.
What Does “Severe or Pervasive” Mean?
Harassment is “severe” if it involves threats, humiliation, assault, or other intensely serious acts—even if these occur only once. Less intense acts, if frequent or ongoing, can become “pervasive,” especially if they are repeated over time and create a continuing hostile atmosphere. Isolated, sporadic, or trivial events typically do not meet the legal threshold. Fisher v. San Pedro Peninsula Hosp., 214 Cal.App.3d 590, 609-10.
Key factors courts consider include:
Nature of the conduct (physical, verbal, visual; threatening or humiliating)
Frequency and duration (how often and over what period)
Context (circumstances and workplace setting)
Physical threat or humiliation
Objective and Subjective Impact
The law focuses both on the objective impact (“would a reasonable person find the conditions abusive?”) and the subjective experience of the victim (“did this actually impact the employee’s well-being?”). Productivity need not decline—making the job substantially more difficult is enough. Harris v. Forklift Sys., Inc., 510 U.S. 17, 25.
Single Incident Exception
A single incident that is sufficiently severe can qualify as unlawful harassment, even if not repeated. Cal. Gov’t Code § 12923(b); Caldera v. Dep’t of Corrections & Rehab., 25 Cal.App.5th 31, 40.
Employer Guidance
Employers can minimize risk and promote a safe workplace by taking these essential actions:
Provide comprehensive harassment prevention training to all employees every two years, with new hires and promotions trained within six months.
Maintain clear and accessible anti-harassment policies covering all forms of unlawful conduct, posted and distributed to every employee.
Establish confidential and effective reporting channels for complaints, making it easy for employees to come forward.
Investigate all reports promptly and thoroughly, and document findings and corrective actions.
Enforce discipline or corrective measures consistently when violations occur.
Keep detailed records of training, complaints, investigations, and outcomes.
Employers who follow these steps help ensure compliance while protecting employees from severe or pervasive workplace harassment.
Citations
Cal. Gov’t Code § 12923; CACI No. 2524; Miller v. Dep’t of Corrections, 36 Cal.4th 446; Aguilar v. Avis Rent A Car Sys., Inc., 21 Cal.4th 121; Harris v. Forklift Sys., Inc., 510 U.S. 17; Fisher v. San Pedro Peninsula Hospital, 214 Cal.App.3d 590; Caldera v. Dep’t of Corrections & Rehab., 25 Cal.App.5th 31
