Harassment on its own is not illegal. This means that your boss can be derogatory, rude, demeaning, even outright horrible, but as long as he/she is doing it to everyone in your workplace, or for no apparent reason, it is legal. You can be harassed for any reason other than a ‘bad reason’ – which includes: age, race, sex, sexual orientation, national origin (where you are born – mostly if you are born outside of the United States, though it can be the reverse as well), pregnancy, or a medical disability. Harassment takes many forms, it can be as simple as constant jokes or language which makes the workplace a very uncomfortable place to be, or it can go as far as being fired from a job.

Harassment for any of the protected categories mentioned above is illegal, and you may be entitled to recover damages for emotional distress, lost wages, and even punitive damages. However, the burden of proving that you were harassed falls on you. It helps if you start by going to your supervisor both orally and in writing and letting them know you are uncomfortable. You can also go to your boss’s supervisor. If your company has a written policy about sexual, racial or any other protected category and harassment, follow that policy first. If you are still being harassed, you may need to contact an attorney.

To be clear, your boss can be a jerk. Your boss can harass you for having brown or blonde hair, and it is completely legal. If he/she is harassing everyone in your workplace-it is likely he is just being a jerk, and it is not illegal. But crossing a line and commenting, sending pictures, making derogatory jokes or calling you names, sometimes even asking for sexual favors in return for advancement at work are all illegal and you have rights that are protected by California and Federal law. If you believe you are the victim of harassment on the job, call the Law Offices of Law Offices of David H. Greenberg at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.