California Employment Law

Sexual Harassment in Restaurants: California Worker Rights

Benjamin Eghbali, Esq.Reviewed by Benjamin Eghbali, Esq.,

A tip does not buy the right to harass you, and control of the schedule does not either. Here is what the restaurant owes you, and what to do when it fails.

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Eghbali Law Firm, California employment attorneys Sexual Harassment

A California restaurant must protect its workers from sexual harassment by customers, managers, coworkers and owners. Once a manager knows a customer is harassing you, the restaurant has to act right away, and a tip does not change that. The law covers a restaurant with even one employee, and you have three years to file a complaint with the state.

This page is for servers, bartenders, hosts, bussers, baristas, cooks, dishwashers, banquet staff, counter workers and delivery workers. It covers customers, managers who control sections and schedules, kitchen culture, owners, tips, uniforms, retaliation, franchises, and what to do next.

The short answer

  • Customers are covered. Your employer is responsible for harassment by a customer when a manager or supervisor knew or should have known about it and the restaurant failed to take immediate and appropriate corrective action.
  • Managers are covered more strictly. When a supervisor harasses you, the restaurant is liable whether or not the owner or the corporate office knew.
  • Size does not matter. For harassment, the law applies to an employer with one employee. A family taqueria, a food truck and a national chain follow the same rule.
  • "That is how restaurants are" is not a defense. The Legislature has said the legal standard for sexual harassment does not change with the type of workplace.
  • Your tips are yours. An owner or manager cannot take them, and cutting your sections or shifts because you complained is retaliation.
  • The harasser is personally liable. A manager, cook or coworker who harasses you can be sued along with the restaurant.
  • You have three years. That is the time to file with the California Civil Rights Department. Sexual assault has longer deadlines, and camera footage has a much shorter life.

Why restaurants see so much of it

A federal task force that studied workplace harassment listed the conditions that make it more likely. A restaurant often has most of them at once.

  • Pay that depends on pleasing customers. The task force found that fear of losing a sale or a tip can push workers to put up with harassing behavior, and can push managers to look away to keep customers happy.
  • Alcohol. Drinking lowers inhibitions and impairs judgment. That covers customers at the bar and staff drinks after close.
  • A young workforce. Workers in a first or second job may not know the rules and may not feel able to push back.
  • Big gaps in power. One manager decides who works Friday night, who gets the patio and who gets cut first.
  • Isolated spots and hours. Walk-in coolers, dry storage, back offices and closing shifts leave few witnesses.
  • "High value" employees. An owner may hesitate to discipline a star chef or a bartender who brings in regulars.
  • Locations far from headquarters. A chain unit can run for months with no one above the general manager paying attention.
  • Language and cultural differences. Workers may not know their rights or how to use the complaint process.

The same report found that about three out of four people who experienced harassment never told a supervisor, manager or union representative, and that only 6 to 13 percent filed a formal complaint. If you have stayed quiet so far, you are in the majority. Staying quiet does not end your rights. But for harassment by customers and coworkers, the restaurant's duty turns on what it knew. That is why telling a manager, in writing if you can, matters so much.

Where harassment usually comes from, job by job
JobWhere it usually comes fromWhat to know
ServersCustomers, and managers who control sections and shiftsReport the customer at once. Save your schedules and tip records
BartendersCustomers who have been drinking, regulars, and closing aloneThe bar can cut off, remove or ban a customer, and has to act once it knows
HostsCustomers at the door, and managers. Hosts are often the youngest people on staffWorkers under 18 have the same rights and extra time to file
Cooks, dishwashers and bussersCoworkers and chefs, usually in a tight spaceKitchen culture is not a defense, and harassment of men counts
Banquet and catering staffGuests at private events, and event captainsA staffing agency and the venue can both be responsible
Baristas and counter staffRegulars, and working a shift aloneMost chains have a hotline. Use it, and keep a copy of what you sent
Delivery workersCustomers at the doorPeople who work under a contract are protected from harassment too
Cocktail servers and club or casino staffCustomers, alcohol and uniform rulesCustomer preference does not justify a sexualized rule

Harassment by customers

California's Fair Employment and Housing Act makes an employer responsible for harassment by people who do not work for it. The employer is liable when it, or its agents or supervisors, knew or should have known about the conduct and failed to take immediate and appropriate corrective action. The statute tells courts to weigh how much control the employer had over the person.

A restaurant has a great deal of control over a customer. It decides who is seated, who is served, who is cut off and who is asked to leave. That is why "the customer is always right" is not a legal answer.

When a restaurant knew or should have known. Any of these is enough:

  • You told a manager, a shift lead or the owner.
  • A manager saw or heard it.
  • Another employee reported the same customer before.
  • The customer is a regular whose behavior is an open secret among staff and managers.
What a restaurant can do about a harassing customer
StepWhat it looks likeKeep in mind
Speak to the customerA manager tells the customer the comments or the touching stop nowOften enough for a first remark. It has to come from management, not from you
Take over the tableA manager or another server finishes the serviceA fix that costs you the tip or the section punishes the wrong person
Stop the alcoholThe bar cuts off a customer who is drunk and getting worseCalifornia law already forbids serving an obviously intoxicated person
Ask the customer to leaveThe manager ends the visitA business may refuse service because of how a person behaves
Ban a repeat offenderA regular is told not to come backSpending a lot of money does not earn an exception
Call the policeFor groping, exposure, threats, stalking or following you to your carUnwanted sexual touching can be a crime
Change the setupA second closer, an escort to the parking lot, a camera, a different seat for a problem regularPreventing the next incident is part of the employer's duty

What a restaurant may not do.

  • Tell you to smile, laugh it off or "just get through the table."
  • Make you keep serving the customer after you have complained.
  • Punish you for refusing to go back to the table.
  • Move you to a worse section, cut your shifts or send you home because you complained.
  • Promise to "have a word" and then change nothing.

Courts have applied this rule to service work outside restaurants. In M.F. v. Pacific Pearl Hotel Management LLC, a hotel knew a trespasser was on the property making sexual advances to housekeepers and did not protect them, and one of them was assaulted. The Court of Appeal held she could sue her employer under the Act for harassment by a nonemployee and for failing to prevent it. A restaurant that knows about a customer and does nothing is in the same position.

Catering, banquets and delivery. The duty follows you to a private event or a customer's door. The employer has less control over the place, but it still controls the assignment. It can speak to the host, pull its staff, send people in pairs or refuse the next booking.

Other outsiders. The same rule covers vendors, supplier drivers, contractors, musicians and anyone else who comes through the door. There is more on our page about harassment by customers and clients.

Managers, sections and schedules

In a restaurant, a manager holds what you need to make a living: your section, your shifts, your side work, who gets cut first on a slow night and who gets trained behind the bar. Tying any of that to flirting, dates or sex is quid pro quo harassment. California's regulations describe it as explicitly or implicitly conditioning a job or promotion on submission to sexual advances. The same idea applies to the things a restaurant job is made of, and it does not have to be said out loud.

What it looks like on the floor.

  • "Come out with me after close and I will fix your schedule."
  • The best sections go to the servers who flirt back, and the worst go to those who do not.
  • You turned a manager down and your Saturday shifts disappeared.
  • A chef decides whose tickets go out first based on who puts up with the comments.
  • A manager texts you late at night about things that have nothing to do with work, and you answer because that manager writes the schedule.

The restaurant is strictly liable for a supervisor. When the harasser is a supervisor, the employer is responsible whether or not the owner or the corporate office knew. The supervisor is also personally liable.

Who counts as a supervisor. The title does not decide it. The statute looks at authority to hire, assign, reward, discipline or direct other employees using independent judgment. A general manager, floor manager, bar manager, head chef or sous chef usually qualifies. A shift lead who writes the schedule or assigns sections may qualify too.

Favoritism. One manager dating one server is not, by itself, harassment of everyone else. But the California Supreme Court held in Miller v. Department of Corrections that widespread sexual favoritism can create a hostile work environment for the employees who are passed over, because it tells them that sex is the way to get ahead.

Why reporting still matters. Because the restaurant is liable for a supervisor either way, some workers assume a report is pointless. It is not. If an employer had a real complaint process and an employee unreasonably failed to use it, a court can reduce the damages for harm that a report would have prevented. State regulations also require the employer's policy to give you a way to complain to someone other than your direct supervisor, so a harassing manager cannot be the only door. More detail is on our page about requests for sexual favors.

Coworkers and kitchen culture

"It is just kitchen talk" is one of the oldest excuses in the industry. The Legislature rejected it. Government Code section 12923 says the legal standard for sexual harassment does not vary by type of workplace, and that it is irrelevant that an occupation has been marked by more sexual commentary or conduct in the past. The nature of the work matters only where sexual content is integral to the job duties themselves. Cooking and serving food are not that kind of work.

What counts.

  • Sexual jokes, nicknames, rumors and running commentary about bodies or sex lives.
  • Pornography or explicit images shown on a phone or sent to a staff group chat.
  • Grabbing, grinding, slapping or "accidental" contact on a tight line or in a narrow server station.
  • Blocking someone in the walk-in, dry storage or the office.
  • Simulated sex acts, sexual gestures and comments about what a coworker would like to do to you.
  • Slurs and mockery aimed at a worker for being gay, transgender, or not "man enough" or "woman enough."

The legal test. The conduct must be severe or pervasive. A pattern of comments can meet the test, and so can one serious incident. The Legislature has said a single incident is enough to take a case to a jury if it unreasonably interfered with your work or created an intimidating, hostile or offensive environment. The conduct does not have to be aimed at you, and it does not have to be motivated by sexual desire. Men are protected, and so is harassment between people of the same sex.

When the restaurant is liable. For a coworker who is not a supervisor, the employer is responsible once it, or its agents or supervisors, knew or should have known and failed to take immediate and appropriate corrective action. A sous chef who watched it happen is the restaurant knowing. So is a manager who was in the group chat.

Language does not matter. Harassment in Spanish, Cantonese or any other language is harassment, and a complaint made in any language is a complaint. Where at least 10 percent of the workers at a location speak a language other than English, the employer must translate its harassment policy into that language.

Related pages: inappropriate comments and inappropriate touching.

When the owner is the harasser

Many restaurants have no human resources department. The person harassing you may be the person who signs the checks, or a relative of that person. The law accounts for this.

  • One employee is enough. The harassment rules apply to any employer with one or more employees. Other parts of the Act start at five employees, but harassment does not.
  • You do not have to report to the harasser. When the owner is the harasser, the business already knows. You can go straight to the Civil Rights Department or to a lawyer.
  • The owner answers personally. You can name the owner as well as the business, which matters if the restaurant closes or reopens under a new name.
  • Family members count. A spouse, son or cousin who runs the floor is a supervisor if that person directs your work.

The full picture is on our page about harassment by an owner at a small company.

Tips, pay and retaliation

Retaliation in a restaurant rarely looks like a firing on the spot. It looks like a schedule. California law forbids an employer from punishing a worker for opposing harassment, for complaining, or for taking part in an investigation. The California Supreme Court held in Yanowitz v. L'Oreal USA, Inc. that courts look at the employer's actions as a whole, so a series of smaller moves can add up to illegal retaliation.

It is common. From fiscal years 2018 through 2021, 43.5 percent of the sexual harassment charges filed with the federal Equal Employment Opportunity Commission also alleged retaliation.

Retaliation in a restaurant, and what to save
What the restaurant doesWhy it mattersWhat to save
Cuts your shifts or hoursLost wages and lost tips are damagesOld and new schedules, and screenshots from the scheduling app
Moves you to slow sections or weekday lunchesA drop in tips is a loss of payYour tip records and checkout slips from before and after
Takes you off the bar, the patio or banquetsYou lost a better-paid assignmentThe text or post announcing the change
Sends you home early or cuts you firstA pattern shows motiveClock records and your own notes of the dates
Writes you up after years with no write-upsTiming is evidenceA copy of every write-up, and your earlier reviews
Takes or holds back your tipsA separate violation of the Labor CodeTip-out sheets and pay stubs
Fires you, or simply stops scheduling youBeing left off the schedule for good is a terminationThe last schedule with your name on it, and your messages asking for shifts

Your tips belong to you. Labor Code section 351 makes tips the sole property of the employees they were left for. An employer or manager cannot take any part of them, cannot deduct anything from your wages because of them, and cannot count them toward the minimum wage. Tips left on a card must be paid in full, with no processing fee taken out, by the next regular payday.

A restaurant can run a tip pool. The state Labor Commissioner says the pool must be fair and reasonable, and that owners, managers and supervisors cannot be paid from it. A manager who shorts your tip-out or holds back your card tips after you complain has broken the wage law and handed you evidence of retaliation at the same time.

Lost tips are part of your damages. When a complaint costs you shifts or sections, what you can claim includes the tips you would have earned, not only the hourly wage. Keep your own record of tips by shift. A claim for lost tips will be compared with the income you reported, so raise any gap with your lawyer at the start.

More on workplace retaliation and on whether you can be fired for complaining.

Uniforms and appearance rules

A restaurant may set reasonable dress and grooming standards. It may not use them to sexualize one group of workers, or to expose them to harassment and then ignore it.

  • Pants. An employer cannot refuse to let an employee wear pants because of the employee's sex. The statute has exceptions for a uniform required in a particular occupation and for a costume worn while playing a character or dramatic role.
  • Gender identity. An employer must allow an employee to appear and dress consistently with the employee's gender identity or gender expression.
  • Customer preference. State regulations say that customer preference for workers of one sex does not justify a sex-based job rule.
  • Revealing uniforms. In EEOC v. Sage Realty Corp., a federal court held that an employer broke the law by requiring a lobby attendant to wear a revealing uniform that it knew was drawing sexual harassment from the public. A dress code that predictably brings harassment is the employer's problem to fix.
  • Who pays. When an employer requires a uniform, the wage order for the restaurant industry requires the employer to provide and maintain it.

Rules are one thing. A manager's running commentary on how your body looks in the uniform is another, and it is harassment.

Teen workers, immigrant workers and temporary staff

Workers under 18. A minor has every protection an adult has, and some extra time. The deadline to file with the Civil Rights Department can be extended until one year after the worker turns 18. A parent or guardian can act for a minor now, and nothing requires waiting. Sexual abuse of a worker under 18 may also be childhood sexual assault, which has its own rules. For an assault on or after January 1, 2024 there is no time limit to sue, and the claim can reach a business whose negligence was a cause.

Immigrant workers. California law makes the protections, rights and remedies of state employment law available regardless of immigration status, with a narrow exception for reinstatement where federal law forbids it. Status is not relevant to whether the employer is liable, and the employer generally cannot ask about it in the case. Threatening to report a worker, or a worker's family member, to immigration authorities because the worker asserted a right counts as an adverse action under the Labor Code.

Seasonal, temporary and agency staff. An employer with five or more employees must give harassment prevention training: two hours for supervisors and one hour for everyone else, repeated every two years. Seasonal and temporary workers hired for less than six months must be trained within 30 calendar days of hire or 100 hours worked, whichever comes first. If a staffing agency sent you, the agency owes you the training. Both the agency and the restaurant can be responsible for harassment on the job. In Bradley v. Department of Corrections and Rehabilitation, the Court of Appeal treated a temporary worker placed by a registry as an employee of the place that controlled her work.

Applicants and tryouts. The law protects people who have not been hired yet, including someone on a tryout or a trial shift. See harassment during hiring.

Chains, franchises and who your employer is

The name on the sign is not always the company that employs you. That matters when you decide whom to notify and whom a claim can reach.

  • Franchises. Most franchise locations are owned by a local company, the franchisee, and that company is your employer. In Patterson v. Domino's Pizza, LLC, the California Supreme Court held that the brand is liable for harassment by a franchisee's supervisor only if it kept or took on a general right of control over matters such as hiring, supervision, discipline and the day-to-day conduct of the franchisee's employees.
  • Restaurant groups and management companies. When one company owns the restaurant and another runs it, both may be employers if both control your work.
  • Hotels, stadiums and food halls. The restaurant may be a tenant or a contractor. Report to your own employer, and to the venue as well if its staff or guests are the problem.
  • Tribal casinos. Tribes are sovereign, and the usual state process may not apply to a tribal employer. Get advice quickly, because different rules and deadlines may apply.
  • App-based delivery. The harassment statute also protects people providing services under a contract, so being classified as a contractor does not put you outside it.

You do not need to sort this out before you call a lawyer. Bring a pay stub. The legal name of your employer is on it.

When it is assault or a threat

Groping, forced kissing, exposure, being cornered in a walk-in and being followed to your car are not part of the job. They can be crimes and safety hazards as well as harassment.

  • Call 911 if you are in danger. You do not need a manager's permission. California law protects an employee who reports a crime to the police from retaliation by the employer.
  • Your restaurant must have a violence prevention plan. Since July 1, 2024, Labor Code section 6401.9 has required nearly every California employer to keep a written workplace violence prevention plan, train employees on it, and keep a log of violent incidents. The law covers violence and threats by customers. The required log lists sexual assault or threat as a type of incident to record.
  • Small places that serve the public are not exempt. The exemption for workplaces with fewer than 10 employees applies only where the workplace is not open to the public.
  • The plan must let you report without retaliation. If there is no plan, or managers ignore it, you can complain to Cal/OSHA. See Cal/OSHA complaints and retaliation.
  • Injuries are covered by workers' compensation. That includes medical care and counseling after an assault at work. A workers' compensation claim does not replace a harassment claim, and you can have both.
  • Assault has longer deadlines. An adult has 10 years from a sexual assault to sue, or three years from discovering the injury it caused, whichever is later.

More on this is on our page about sexual assault at work.

What to do

  1. Get safe first. Walk away from the table, the line or the office. For touching or threats, you can call the police.
  2. Tell a manager right away, then put it in writing. A text or an email works: "The customer at table 14 grabbed my waist tonight and made sexual comments. I told Chris at 8:40. I do not want to serve that table again." Written notice is what proves the restaurant knew.
  3. Use the other door if the manager is the problem. Go to the owner, the general manager, the district manager, human resources or the hotline in the handbook. The policy must offer a route other than your direct supervisor.
  4. Write down each incident the same day. Date, time, table or station, the exact words, who saw it, and what the manager said. Keep the notes on your own phone or at home.
  5. Save the records a restaurant creates. Schedules, scheduling-app screenshots, group chats, texts from managers, tip records and checkout slips. Do not delete anything, including your own replies.
  6. Point to the cameras. Most restaurants record the floor and the bar, and most systems record over themselves within days or weeks. Tell the manager in writing which date, time and camera matter, and ask that the video be kept.
  7. Note who the customer is. A reservation name, a card slip, a loyalty account or a regular's usual night can identify the person later. Do not take customer payment records home. Write down what exists and where it is.
  8. Find your witnesses. Coworkers, bartenders, bussers and regulars see a great deal. Get personal phone numbers, because restaurant staff turn over fast. Witnesses are protected from retaliation too.
  9. Keep working your shifts if you safely can. Do not hand the restaurant a reason that has nothing to do with your complaint.
  10. See a doctor or a counselor if it is affecting you. Treatment helps you, and it documents the harm.
  11. Talk to a lawyer before you sign anything or quit. That includes a write-up, a resignation form, a severance offer and a release.

Before you record anyone, read our page on texts, recordings and other evidence, because California limits secret recording. There is also a step-by-step page on documenting harassment.

If you are thinking of quitting

Many restaurant workers solve harassment by finding another restaurant. That is understandable, and it does not erase what happened. You can bring a claim after you leave. But how you leave affects what you can recover.

  • Quitting is not automatically treated as a firing. To recover lost wages after you resign, you generally have to show that conditions were so intolerable that a reasonable person would have felt forced to leave, and that the employer knew and let them continue. See quitting because of harassment.
  • Report in writing before you go. A written complaint that the restaurant ignored is the strongest support for both a claim and an application for unemployment benefits.
  • You may still get unemployment. Leaving because of sexual harassment can be good cause. See unemployment after quitting over harassment.
  • Final pay is due fast. Wages are due immediately when you are fired, and within 72 hours when you quit without notice.

What a claim can recover, and how long you have

A harassment claim can recover lost wages and tips, future lost earnings, damages for emotional distress, punitive damages where the conduct was malicious or oppressive, and attorney's fees. Restaurant wages are often modest, so the larger part of many cases is the harm itself and how the restaurant responded. Our page on what a case is worth explains how value is measured.

Deadlines for restaurant workers
WhatDeadlineNotes
Complaint to the California Civil Rights Department3 years from the harassment or retaliationRequired before a lawsuit under state law. A continuing pattern can bring in earlier acts
Lawsuit after a right-to-sue notice1 year from the noticeYou can ask for the notice right away
Federal charge with the EEOC300 daysFederal law reaches only employers with 15 or more employees
Worker who was under 18Up to 1 year after turning 18 to file with the departmentA parent or guardian can file sooner
Sexual assault of an adult10 years from the assault, or 3 years from discovering the injuryA separate civil claim against the attacker and anyone legally responsible
Tips or wages takenGenerally 3 years for a claim with the Labor CommissionerA separate claim from harassment
Camera footageDays or weeksNot a legal deadline, but it is the one that passes first

Every deadline is explained on our page about the time limits for a sexual harassment claim.

Questions people ask

Is my employer responsible when a customer sexually harasses me?+

Yes, once a manager or supervisor knew or should have known and the restaurant failed to take immediate and appropriate corrective action. The law looks at how much control the employer had, and a restaurant controls who it serves and who stays.

Can I refuse to serve a customer who harassed me?+

Tell a manager what happened and say you will not go back to that table. Refusing to accept harassment is treated as opposing it, which the law protects, and punishing you for it is retaliation. Put the request in writing if you can.

What if the customer is a regular or a friend of the owner?+

The rule is the same. A regular is easier for the restaurant to control, because it knows who the person is and can ban them. Spending money or knowing the owner earns no exception.

My manager says putting up with flirting is part of serving. Is that true?+

No. The Legislature has said the legal standard for sexual harassment does not vary by type of workplace. Friendly service is part of the job. Being touched, propositioned or humiliated is not.

Can my manager cut my shifts or change my section after I complain?+

Not because you complained. Schedule and section changes that cost you money can be adverse actions, and courts look at the pattern as a whole. Save your schedules and tip records from before and after the complaint.

Can the restaurant take my tips or make me share them with managers?+

No. Tips are the property of the employees they were left for. An employer or manager cannot take any part of them, and the Labor Commissioner says owners, managers and supervisors cannot be paid from a tip pool.

Is it harassment if the kitchen talks that way to everyone?+

It can be. Conduct does not have to be aimed at you, and the law does not accept the argument that kitchens have always been like this. The question is whether the conduct was sexual or based on sex, unwelcome, and severe or pervasive.

I am 17. Do I have the same rights as an adult?+

Yes. A minor has the same protection as an adult, and the time to file with the Civil Rights Department can run until one year after you turn 18. A parent or guardian can act for you now. Sexual contact with a minor can also be a crime, and the police can be called.

I am undocumented. Can I still bring a claim?+

Yes. California makes the protections of state employment law available regardless of immigration status, and status is not relevant to whether the employer is liable. A threat to call immigration because you complained counts as an adverse action, which supports a retaliation claim.

The restaurant has six employees and no HR. Does the law apply?+

Yes. For harassment, the law applies to an employer with one or more employees. If the owner is the harasser, you do not need to report to the owner first. With five or more employees, the restaurant also has to provide harassment prevention training.

Can I sue the franchise brand, or only the local owner?+

The local company that employs you is the main defendant, along with the harasser. The brand is liable only if it kept or took on a general right of control over day-to-day employment matters at the location, which depends on how that franchise actually operates.

Does it count if it happened at a staff party or over drinks after close?+

Usually yes when the event is connected to work, such as a staff party, a team outing or drinks with a manager after a shift. Harassment by a manager or coworker does not stop being a workplace matter because everyone has clocked out.

Should I just quit and find another restaurant?+

Talk to a lawyer first if you can. You can bring a claim after you leave, but recovering lost wages after a resignation requires showing that conditions were intolerable. A written complaint made before you leave helps both a claim and an unemployment application.

How long do I have to act?+

Three years from the harassment or retaliation to file with the California Civil Rights Department, and one year to sue after the right-to-sue notice. Sexual assault has longer deadlines. Evidence such as camera footage disappears much sooner.

What does a lawyer cost for a case like this?+

Most lawyers who represent employees in California take harassment cases on a contingency fee. The fee comes out of a recovery, and nothing is owed if there is none. The first conversation is usually free.

Tell us what happened

If a customer, manager, coworker or owner is harassing you at a restaurant, bar, cafe or hotel, tell us what happened. We will tell you whether you have a claim and what it involves. It is free and confidential. Bring your schedule and any texts you have.

(800) 371-3088 or send what you have.

Related reading: the sexual harassment guide, harassment by customers, harassment by an owner, whether you need a lawyer, harassment of nurses, harassment by a coworker, and harassment on Zoom, Slack and email.

Sources

  1. California Government Code section 12940, subdivisions (h), (j) and (k): retaliation, harassment by supervisors, coworkers and nonemployees, the one-employee rule, personal liability, and failure to prevent.
  2. California Government Code section 12923: the standard does not vary by type of workplace, and a single incident can be enough.
  3. California Government Code section 12926: who is a supervisor.
  4. California Code of Regulations, title 2, section 11034, section 11023 and section 11031: quid pro quo and hostile environment harassment, the required policy and complaint route, translation, and customer preference.
  5. California Government Code section 12950.1: harassment prevention training, including seasonal and temporary employees.
  6. California Government Code section 12947.5 and section 12949: pants, dress standards and gender identity. Industrial Welfare Commission Wage Order 5, section 9: uniforms.
  7. California Labor Code section 351 and section 350: tips. California Labor Commissioner, Tips and Gratuities.
  8. California Labor Code section 6401.9 and section 1102.5: workplace violence prevention plans, and reports to law enforcement.
  9. California Labor Code section 1171.5 and section 244: immigration status.
  10. California Government Code section 12960 and section 12965: three years to file, the extension for minors, and one year to sue.
  11. California Code of Civil Procedure section 340.16 and section 340.1: time to sue for sexual assault of an adult and of a minor.
  12. California Labor Code section 201 and section 202: final pay. California Business and Professions Code section 25602: serving an obviously intoxicated person.
  13. U.S. Equal Employment Opportunity Commission, Select Task Force on the Study of Harassment in the Workplace (2016), and its chart of risk factors.
  14. U.S. Equal Employment Opportunity Commission, Sexual Harassment in Our Nation's Workplaces, and Time Limits for Filing a Charge. California Civil Rights Department, Complaint Process.
  15. Patterson v. Domino's Pizza, LLC (2014) 60 Cal.4th 474. Miller v. Department of Corrections (2005) 36 Cal.4th 446. Yanowitz v. L'Oreal USA, Inc. (2005) 36 Cal.4th 1028. State Department of Health Services v. Superior Court (2003) 31 Cal.4th 1026. Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238.
  16. M.F. v. Pacific Pearl Hotel Management LLC (2017) 16 Cal.App.5th 693. Bradley v. Department of Corrections and Rehabilitation (2008) 158 Cal.App.4th 1612. EEOC v. Sage Realty Corp. (S.D.N.Y. 1981) 507 F.Supp. 599.

Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. The information on this page reflects California law as of 2026 and may change. If you believe your rights have been violated, please consult a licensed California employment attorney to evaluate your specific situation.

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