California Employment Law

Workplace Harassment Lawyer in San Diego

Benjamin Eghbali, Esq.Reviewed by Benjamin Eghbali, Esq.·Updated

Harassment isn't only sexual. It's race, age, disability, religion, national origin, gender identity, sexual orientation, pregnancy, and every other protected category under FEHA. The legal test is the same: severe or pervasive enough that a reasonable person in your position would find the workplace abusive.

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What Is Workplace Harassment in San Diego

Under FEHA (Government Code section 12940(j)), harassment based on a protected category is unlawful when it's severe or pervasive. One incident can be enough if it's serious. Repeated lower-level conduct can also reach the threshold. Harassment can come from supervisors, coworkers, vendors, customers, hotel guests, or hospital patients. The employer's duty kicks in when it knew or should have known.

San Diego Industries Where Workplace Harassment Is Most Common

Healthcare. Race-based and national-origin harassment from physicians or senior staff. Disability harassment after an accommodation request. UCSD Health, Scripps, Sharp, Kaiser are the recurring employers.

Hospitality. Race, national-origin, and gender harassment in restaurant and hotel back-of-house roles. The Swami's/Honey's $650,000 EEOC consent decree (December 2025) covered allegations across nine locations.

Defense and shipyards. Race and gender harassment in male-dominated trades. Barrio Logan, Rancho Bernardo, Poway.

Biotech. Smaller teams where harassment by a principal investigator or senior scientist gets shielded by department politics. La Jolla, Sorrento Valley, UTC.

Higher education. UCSD, SDSU, USD. Title IX cases overlap with FEHA harassment claims for staff.

San Diego City Worker Protections

City and County employees can use accrued sick leave under SDMC Chapter 3, Article 9, Division 1 for medical and counseling appointments tied to harassment. Skelly due process applies to public-employee discipline. Tort claims against the public entity need a 6-month government claim under Government Code section 911.2.

California Law That Applies

  • FEHA (Government Code section 12940(j)) - protected-category harassment, severe-or-pervasive standard, employer liability.
  • Title VII / ADA / ADEA - federal counterparts.
  • Labor Code section 1102.5 / SB 497 - protection for complainants and 90-day rebuttable presumption.
  • Government Code section 12960 - 3-year CRD filing window.

For more, see our California workplace harassment guide.

How to File a Claim in San Diego

  • CRD (state): file online at calcivilrights.ca.gov. No SD field office. Statewide intake (800) 884-1684.
  • EEOC (federal): 550 W C Street, Suite 750, San Diego, CA 92101. (619) 900-1616.
  • Civil suit: San Diego Superior Court, Central Division. Hall of Justice, 330 West Broadway (Civil Business Office, Room 225, (619) 450-7275). Central Courthouse, 1100 Union Street.

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