What Is NOT Considered Workplace Sexual Harassment?

While California law strictly prohibits sexual harassment in the workplace, not all uncomfortable or awkward situations rise to the level of illegal conduct. For employees evaluating whether to file a claim, recognizing the difference between unlawful harassment and inappropriate—but non-actionable—behavior is essential. 

If you have been a victim of sexual harassment in the workplace, contact our Los Angeles sexual harassment lawyer today. Call us at (949) 379-6250.

What is Harassment and What Is Not Harassment in the Workplace?

Under California’s Fair Employment and Housing Act (FEHA), workplace sexual harassment occurs when conduct of a sexual nature is unwelcome, severe or pervasive, and creates a hostile or intimidating work environment. It can involve unwanted touching, sexual advances, inappropriate jokes, or comments about appearance—especially when tied to employment decisions like promotions, hiring, or termination.

However, not all offensive or uncomfortable behavior is considered harassment under the law. Examples of what is not considered workplace sexual harassment include:

• One-time or isolated comments that are inappropriate but not severe or repeated
• Mutual, consensual flirting between coworkers that does not involve pressure or power imbalance
• Personality conflicts or rude behavior unrelated to gender, sex, or sexual orientation
• Offensive conduct that is not directed at you or not based on a protected category
• Off-color jokes that, while in poor taste, are not pervasive or threatening

To qualify as harassment, the behavior must be more than occasional or minor—it must be serious enough to alter the conditions of your employment or create an abusive work environment. Employers are required to take complaints seriously and investigate all claims. However, false or exaggerated claims may not hold up legally if the conduct does not meet the “severe or pervasive” threshold.

Contact our Los Angeles employment lawyers, if you have questions about what is or isn’t considered harassment in the workplace.

Is Sexual and Non-Sexual Harassment Limited To The Workplace?

Sexual and non-sexual harassment is not limited to the physical workplace. Harassment can occur outside traditional office settings and still be actionable under employment law. This includes:

• Work-related social events
• Business trips or off-site meetings
• Remote work environments, including video calls and messaging apps like Slack or email
• After-hours texts or social media messages from supervisors or coworkers

If the conduct occurs in connection with your job or is committed by someone with workplace authority, it may still fall under the scope of workplace harassment laws in California.

When to Consult an Employment Lawyer

If you are unsure whether what you experienced qualifies as workplace sexual harassment, speak with a Los Angeles sexual harassment attorney. They can assess your situation, explain your rights, and determine whether you have a viable legal claim under state or federal law. You should absolutely contact a lawyer in the following scenarios: 

• You have been subjected to unwelcome sexual advances, comments, or conduct that made your work environment hostile or intimidating.
• A supervisor or manager made employment decisions (such as promotions or scheduling) based on your response to sexual behavior.
• You reported the harassment to your employer or HR, but they failed to investigate or take appropriate action.
• You are experiencing retaliation (such as demotion, termination, or reduced hours) after reporting harassment.
• You are unsure whether the behavior you experienced meets the legal standard for hostile work environment or quid pro quo harassment.

They can also help you report the behavior to HR, file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC), and pursue compensation if appropriate.