Harassment in the Workplace Laws: Compliance Guide

Harassment in the Workplace Laws: What Employers Must Do (and How Employees Can Report It)

If you’re searching for harassment in the workplace laws, you likely need clear, practical guidance on what qualifies as unlawful harassment, which laws apply, and the specific steps employers should take to prevent, investigate, and correct harassment in the workplace. This SwiftSDS guide summarizes key federal rules and highlights major state compliance considerations—especially for California—so HR teams and business owners can reduce risk and respond correctly.

For broader policy and program context, see SwiftSDS’s hub on compliance in the workplace.

What “Harassment in the Workplace” Means Under the Law

In everyday terms, harassment is unwelcome conduct. Under harassment at work law, however, not all rude behavior is illegal. Unlawful harassment generally means unwelcome conduct based on a legally protected characteristic that is either:

Severe or pervasive enough to create a hostile work environment, or
Tied to a tangible employment action (e.g., firing, demotion, loss of hours)

Protected characteristics (federal baseline)

Under federal law, harassment is commonly addressed as a form of employment discrimination, particularly under:

Title VII of the Civil Rights Act of 1964 (race, color, religion, sex—including pregnancy, sexual orientation, and gender identity—and national origin)
Americans with Disabilities Act (ADA) (disability)
Age Discrimination in Employment Act (ADEA) (age 40+)
Genetic Information Nondiscrimination Act (GINA) (genetic information)

Many states and localities add more protected categories (e.g., marital status, sexual orientation explicitly, gender expression, immigration status, lawful off-duty conduct), so your compliance obligations may be broader than federal rules.

Discrimination and Harassment in the Workplace: How They Overlap

“Discrimination and harassment in the workplace” are closely related. Harassment is often treated as a type of discrimination because it targets a protected characteristic and affects the terms and conditions of employment.

Employers should treat harassment and discrimination at work as part of a single compliance system:

A clear anti-harassment/anti-discrimination policy
Reporting channels
Prompt investigations
Corrective action and anti-retaliation protections
Training and documentation

To integrate harassment prevention into a broader safety-and-compliance program, many employers align it with general compliance controls described in define workplace safety (e.g., risk identification, incident reporting, corrective actions).

Key Harassment in the Workplace Laws Employers Should Know

Federal laws and enforcement (EEOC)

At the federal level, the Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination laws that cover workplace harassment. Employers are expected to:

Prevent harassment where possible (policy + training)
Provide accessible reporting options
Investigate promptly and impartially
Stop misconduct and prevent recurrence
Protect employees from retaliation

State laws may be stricter (California example)

California is a leading example of expanded protections and stricter requirements. In California, harassment is prohibited under the Fair Employment and Housing Act (FEHA), and employer obligations can be more demanding than federal baseline rules.

For a deeper state-law overview, see:

And for jurisdiction-specific posting obligations that may apply to your worksites, review California (CA) Posting Requirements.

Workplace Harassment California Examples (Practical Scenarios)

HR teams often ask what counts as “harassment” versus inappropriate—but not illegal—conduct. Here are workplace harassment California examples that frequently trigger FEHA and related rules (and are good benchmarks elsewhere):

Examples likely to be unlawful harassment

Repeated sexual comments, unwanted touching, or propositions tied to scheduling, promotion, or job security
Racial slurs, mockery of accents, or repeated “jokes” targeting national origin
Derogatory remarks about pregnancy, gender identity, or sexual orientation
Disability-related taunting or hostile treatment after a request for accommodation
Threats or retaliation after an employee complains or participates in an investigation

Examples that may violate policy (even if not “unlawful”)

General bullying unrelated to a protected characteristic
One-off offensive comments that are promptly corrected (context matters)
Abrasive management style applied equally to everyone

Even when conduct is not clearly unlawful, it can still violate internal policy and drive turnover, safety incidents, or claims. Treat reports seriously and document consistently.

Employer Compliance Checklist: Preventing and Correcting Harassment

A defensible harassment compliance program is practical, documented, and consistently enforced. Use the checklist below to align with harassment in the workplace laws.

1) Maintain a clear written policy

Include:

Definitions and examples of prohibited conduct
Protected categories (federal + state/local)
Multiple reporting paths (manager, HR, hotline, third-party, etc.)
Anti-retaliation statement
Confidentiality limits (what you can and cannot promise)
Investigation steps and possible outcomes

2) Train managers and employees (and document it)

Training should cover:

How to recognize harassment and discrimination
Bystander intervention basics (where appropriate)
Reporting obligations for supervisors
Retaliation risks and prevention

For an implementation roadmap, see compliance training for employees.

3) Create safe reporting channels

Provide more than one way to complain, including a route that bypasses the direct supervisor. Ensure accessibility for:

Remote workers
Night shifts
Limited-English-proficiency employees

4) Investigate promptly and impartially

A reliable investigation process typically includes:

Intake and interim measures (schedule changes, separation, no-contact directives)
Witness interviews and evidence review (texts, Slack/Teams, CCTV where lawful)
Credibility assessment and findings
Corrective action proportional to findings
Follow-up with the complainant to confirm no recurrence or retaliation

5) Post required notices and keep postings current

Posting obligations vary widely by state and sometimes city/county. If you operate in Massachusetts, for example, employers commonly must post the state fair employment notice. Maintain required postings such as Fair Employment in Massachusetts and review your complete posting set regularly.

Many multi-state employers streamline this process through a compliance poster service.

How to Report Harassment at Work (Employee-Facing Steps HR Should Enable)

Employees frequently ask how to report harassment at work or how to report workplace harassment. Employers reduce liability when they make reporting easy, safe, and well-documented.

Step-by-step reporting process (recommended)

Write down what happened: dates, times, locations, witnesses, screenshots/messages
Use an internal reporting channel: HR, a designated manager, hotline, or third-party intake
Request interim protections if needed: schedule changes, no-contact orders, workspace reassignment
Participate in the investigation: provide evidence and identify witnesses
Escalate externally if necessary: employees may file with the EEOC or a state agency (deadlines apply)

HR best practice: confirm receipt, explain next steps, reiterate anti-retaliation protections, and document every action taken.

Retaliation: The Most Common (and Avoidable) Compliance Failure

Even when harassment claims are unproven, retaliation claims can succeed if an employee suffers adverse action after reporting or participating in an investigation. Train leaders that retaliation includes more than termination—such as:

Reduced hours, undesirable shifts, or exclusion from meetings
Sudden negative evaluations after a complaint
Discipline that deviates from normal practice

Ensure performance management and scheduling decisions are documented and consistent.

Multi-Site and Local Compliance: California and Los Angeles County Examples

If you operate in California, confirm you meet both state and local posting rules. Start with California (CA) Posting Requirements. For employers with Los Angeles County worksites, location pages can help identify local additions, such as:

FAQ: Harassment in the Workplace Laws

What is “unlawful harassment” vs. general bullying?

Unlawful harassment is typically unwelcome conduct based on a protected characteristic (or protected activity) that is severe or pervasive enough to alter working conditions, or that results in a tangible employment action. Bullying may still violate company policy and should be addressed, but it isn’t always illegal unless it’s connected to protected status or retaliation.

Can a single incident be harassment?

Yes—depending on severity. A single extreme incident (e.g., physical assault or an egregious slur by a supervisor) can be enough to create a hostile environment under some circumstances. HR should investigate any report and assess severity, power dynamics, and impact.

What should an employer do immediately after a complaint?

A strong first response includes: acknowledge the complaint, assess safety and interim measures, open an investigation promptly, preserve evidence, remind all parties about anti-retaliation rules, and document each step.

SwiftSDS helps employers build practical compliance systems that connect policy, training, investigations, and postings. To place harassment prevention into your broader compliance program, start with compliance in the workplace and consider ongoing support through a compliance poster service.

Harassment in the workplace laws