Top 10 Workplace Harassment Risk Areas: Overlooked Behaviors That May Still Be Illegal Under California Law

As hybrid and remote work environments become the new normal, the legal definition and scope of workplace harassment under California and federal law continue to expand. While sexual harassment has long been the primary area of regulatory and litigation focus, recent court decisions and administrative rulings demonstrate that harassment today takes many forms — and employer liability is growing accordingly.

Organizations that fail to recognize and address evolving patterns of workplace misconduct face significant legal, financial, and reputational risk.

Paul P. Cheng, Esq., former prosecutor, mediator, and one of Southern California’s leading trial attorneys, notes:

“Harassment in the modern workplace no longer fits into a single category. Beyond sexual harassment, we increasingly see discriminatory, psychological, verbal, physical, and online misconduct that together create unsafe or hostile work environments. Employers and employees alike must recognize the seriousness of these behaviors.”

With the rise of digital communication and remote collaboration tools, harassment now occurs both onsite and online. Human Resources and leadership teams must ensure that inappropriate conduct — whether in-person or virtual — is clearly addressed in company policies, reported promptly, and investigated consistently.

Below are ten common workplace harassment risk areas that employers and employees should understand and proactively prevent.

1) Sexual Harassment

• Quid Pro Quo Harassment — When a supervisor conditions promotions, raises, or job security on sexual favors.
• Hostile Work Environment — Severe or pervasive conduct based on sex, gender identity, or other protected characteristics that interferes with an employee’s ability to work.

2) Discriminatory Harassment

Includes harassment tied to legally protected characteristics, such as:

• Disability
• Race or ethnicity (including mocking accents or displaying racist symbols)
• Sexual orientation
• Gender identity or expression
• Age (bias toward younger or older workers)
• Religion (hostility toward religious practices or beliefs)

Even comments framed as “jokes” may still be unlawful.

3) Personal Harassment

Targeting an individual’s personality, appearance, or work performance through humiliation, intimidation, ridicule, or belittling remarks — even where no protected class is involved — may still contribute to a hostile work environment.

4) Physical Harassment

Includes unwelcome physical contact, property damage, or threats of violence.
Even seemingly minor incidents can escalate into liability or criminal exposure.

5) Verbal Harassment

Examples include insults, derogatory gestures, unreasonable criticism, gossiping, defamation, or body shaming. Repeated disrespectful conduct is especially risky.

6) Psychological Harassment

Often subtle and harder to detect, this includes behaviors such as:

• social exclusion or isolation
• persistent belittling
• manipulation or gaslighting

Long-term emotional harm and turnover frequently follow.

7) Power-Based Harassment

Occurs when a supervisor abuses authority to intimidate or control subordinates — sometimes overlapping with other harassment forms. Examples include:

• deliberately impossible workloads
• unfairly denying opportunities
• discriminatory remarks from leadership

Power imbalance increases employer liability.

8) Online / Digital Harassment

In hybrid and remote workplaces, harassment may occur through:

• workplace messaging platforms
• email
• video meetings
• social media

A single serious incident of cyber-bullying may be enough to trigger legal liability.

9) Retaliation

Retaliating against an employee for reporting misconduct, participating in an investigation, or exercising workplace rights is itself unlawful, and among the most commonly litigated claims in California.

Fear of retaliation remains a major barrier to reporting; employers should offer confidential reporting channels and post-investigation support.

10) Third-Party Harassment

Harassment may come from:

• clients
• vendors
• independent contractors
• customers

Employers still have a duty to act and ensure employee safety, even when the offender is not an employee.

Prevention Is the Strongest Legal Defense

A harassment policy that exists only in an employee handbook is no longer sufficient.
To reduce risk, employers should:

• maintain clear, accessible reporting procedures
• investigate complaints promptly and consistently
• document findings and corrective actions
• provide recurring training for supervisors and staff
• conduct external legal compliance audits when appropriate

When employees trust the internal process, disputes are far less likely to escalate into costly claims or lawsuits.

Need Guidance on Harassment Prevention, Training, or Investigation?

Whether you are an employer seeking to strengthen compliance programs — or an employee with concerns about workplace treatment — the Law Offices of Paul P. Cheng offers experienced legal counsel in California employment law.

Our firm provides:

• policy review and compliance assessments
• manager and employee training
• workplace investigations
• representation in administrative actions and litigation

Contact the Law Offices of Paul P. Cheng today: 626-356-8880 | info@pprclaw.com 

We are here to help you protect your rights and reduce legal risk.