California Cases Clarify the Scope
Sexual harassment is often associated with the workplace, but under California law, it can extend beyond cubicles and conference rooms. The Fair Employment and Housing Act (FEHA) (Cal. Gov. Code § 12940 et seq.) prohibits harassment “in the workplace,” but courts have interpreted this broadly to include conduct outside normal working hours or locations—so long as it’s linked to employment.
What Counts as Workplace Harassment?
Workplace sexual harassment under FEHA includes unwelcome sexual advances, comments, or conduct that unreasonably interferes with an employee’s job performance or creates a hostile, intimidating, or offensive environment. It can be verbal, physical, visual, or digital.
Significantly, conduct outside normal work hours or off-premises can still be actionable under FEHA if it “has an adverse impact on the work environment” (Hughes v. Pair (2009) 46 Cal.4th 1035, 1043).
California Cases That Show How Far FEHA Reaches
Craig v. M&O Agencies, Inc. (1970) 6 Cal.App.3d 619
A company picnic turned into a hostile environment when the supervisor’s sexual advances went unchecked. Because it was a work-sponsored event, the court said the harassment was covered.
Doe v. Capital Cities (1996) 50 Cal.App.4th 1038
An actor targeted by a casting director off-site still had a potential FEHA claim because the harassment was tied to his job prospects.
Myers v. Trendwest Resorts, Inc. (2007) 148 Cal.App.4th 1403
A supervisor’s sexually explicit text messages sent outside work hours created a hostile work environment because they blurred the line between professional and personal.
Chopourian v. Catholic Healthcare West
In a landmark 2012 case, a Sacramento physician assistant was awarded $167 million after enduring daily unwanted sexual advances and retaliation for reporting them.
California Department of Fair Employment and Housing v. Activision Blizzard
This 2021 lawsuit by the Civil Rights Department (formerly DFEH) targeted systemic harassment and discrimination at Activision Blizzard.
High-Profile Illustrations of Off-Site Harassment
Beyond these precedents, high-profile cases have demonstrated that harassment can cross boundaries:
The Megan Thee Stallion Lawsuit
In 2024, a California cameraman alleged he faced a hostile work environment during a music video shoot—a setting far from the typical office but still governed by FEHA because of the employment relationship.
Bill O’Reilly and Fox News
While based in New York, these cases influenced California workplaces by showing that harassment need not happen at the office to create liability when supervisors misuse power.
If You’re Not Sure, Report Anyway
Sometimes it’s unclear if behavior at a social event, off-site gathering, or digital chat qualifies as workplace harassment. But California law encourages you to report it anyway—here’s why:
- Employers must investigate any report of harassment tied to work (Cal. Gov. Code § 12940(k)).
- Reporting triggers anti-retaliation protections under FEHA (Cal. Gov. Code § 12940(h)).
- Even if the conduct isn’t ultimately found to be unlawful, retaliation for reporting is still illegal.
The California Supreme Court in Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028 made clear: an employee’s good-faith report of suspected harassment is a protected activity.
The Power of Documentation
If you experience harassment tied to your work—even outside the physical workplace—it’s crucial to document everything carefully. Here’s how:
Keep Written Records
When you report harassment to management or HR, save a copy of your written report—email or letter. Keep any responses you get from them.
Notes of Conversations
- With Management or HR: Create a journal or digital log of conversations. Record the date, time, and details of what was said.
- With Co-workers: Although conversations with co-workers can help corroborate your story, they alone do not trigger the employer’s duty to investigate or protect you from retaliation.
Be Specific
Include names of everyone present, exact words or phrases used, how the conversation made you feel, and any follow-ups.
Store Securely
Keep these notes in a personal (not work) email or cloud storage, or a safe physical location.
Your Steps if Harassment Happens
- Document everything: Save texts, screenshots, and notes.
- Report harassment to HR or management—even if unsure whether FEHA applies.
- Seek legal advice: An employment attorney can help ensure your rights are fully protected.
Bottom Line: FEHA Applies Broadly
California law recognizes that sexual harassment can happen in diverse work-related contexts—not just in the office. Off-site dinners, trips, even digital work chats can create actionable claims if the behavior is tied to your job.
If you’re experiencing harassment that feels connected to your work, reach out to our experienced employment attorneys today. We’ll help you understand your rights and protect you against retaliation.
Key Citations & Authority
- FEHA (Cal. Gov. Code §§ 12940(a), (h), (j), (k))
- Hughes v. Pair (2009) 46 Cal.4th 1035, 1043
- Doe v. Capital Cities (1996) 50 Cal.App.4th 1038
- Myers v. Trendwest Resorts, Inc. (2007) 148 Cal.App.4th 1403
- Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028
- California Department of Fair Employment and Housing v. Activision Blizzard
- Chopourian v. Catholic Healthcare West