English 
Spanish No. Your immigration status does not affect your right to file a workplace harassment claim in California. Whether you are a U.S. citizen, a green card holder, or undocumented, you have the same legal protections against harassment at work, and you have the right to pursue compensation if your employer or a coworker violates those protections.
Our California sexual harassment lawyers can help you understand your ability to take legal action.
California Law Protects All Workers, Regardless of Status
California Civil Code § 3339 extends state labor, employment, and civil rights protections to every worker in California, regardless of immigration status. This means the Fair Employment and Housing Act (FEHA), which prohibits workplace harassment, applies to you the same way it applies to any other employee.
Labor Code § 1171.5 reinforces this by confirming that all rights and remedies under California’s labor laws are available to workers no matter their immigration status. Courts have upheld this principle as well; undocumented workers have successfully recovered damages for harassment and discrimination, including back pay and emotional distress.
Immigration Status Itself Is a Protected Category
Under FEHA, immigration status is one of the specific categories protected from workplace harassment, alongside race, religion, national origin, disability, and other protected traits. This means that if a coworker or supervisor harasses you because of your immigration status or national origin, you may have a valid legal claim on that basis, in addition to any other type of harassment you may have experienced.
Your Employer Cannot Use Your Status Against You
Some employers try to intimidate workers out of reporting harassment by threatening to report their immigration status to federal authorities. This is illegal. California law specifically prohibits employers from using immigration-related threats to retaliate against employees who exercise their workplace rights, including reporting harassment. If your employer threatened you in this way, you may have an additional claim against them, separate from your harassment claim.
Can I Still Recover Damages If I’m Undocumented?
Yes. California courts have confirmed that undocumented workers are entitled to the same categories of damages as any other employee, including back pay and emotional distress damages. Your immigration status may affect certain narrow issues, like eligibility for reinstatement to a job or future lost wages in limited circumstances, but it does not bar you from recovering compensation for the harassment you experienced.
Will Filing a Claim Put My Immigration Status at Risk?
No. Filing a workplace harassment claim does not require you to disclose your immigration status. Courts have also recognized that allowing employers to use immigration status as a weapon in these cases would undermine the purpose of workplace protection laws altogether. Our California employment law attorneys can walk you through what to expect and help you understand what information you will and won’t need to share.
What Should I Do If I’m Being Harassed at Work?
If you’re experiencing harassment, consider taking the following steps:
- Document the harassment as it happens, including dates, witnesses, and what was said or done.
- Report the conduct through whatever internal process is available, such as a supervisor or HR. If your employer is the person harassing you, you can go over your supervisor and straight to HR. Remember, they cannot retaliate against you for reporting.
- Keep copies of any related emails, texts, or messages.
- Avoid resigning before speaking with an attorney, since your options may change depending on how you leave your job.
- Reach out to an employment attorney as soon as possible, especially if you’ve received any threats related to your immigration status.
How Long Do I Have to File a Harassment Claim?
California law puts a time limit on workplace harassment claims, so it’s important not to wait. In most cases, you must file a complaint with California’s Civil Rights Department within three years of the last act of harassment. Missing this deadline can prevent you from recovering compensation altogether, even if your claim is otherwise strong.
Some situations can affect how this deadline applies, such as filing an Equal Employment Opportunity Commission complaint, ongoing harassment that continues over time, or harassment that overlaps with a wrongful termination. Because these details matter, it’s worth speaking with an attorney as soon as possible rather than assuming you have more time than you do.
What Counts as Workplace Harassment?
Not every uncomfortable interaction at work rises to the level of illegal harassment. Under California law, harassment generally falls into one of two categories:
- Quid pro quo harassment, where a supervisor conditions a job benefit, such as a raise, promotion, or continued employment, on submitting to unwelcome conduct
- Hostile work environment harassment, where the conduct is severe or pervasive enough that it creates an intimidating, offensive, or abusive working environment
A single serious incident, like a threat or an act of violence, can be enough to support a claim on its own. More often, though, hostile work environment claims involve a pattern of conduct over time.
It doesn’t matter whether the harassment comes from a supervisor, a coworker, or even a client or vendor your employer does business with. What matters is whether the conduct was unwelcome and connected to a protected characteristic, such as your gender identity, and whether your employer knew or should have known about it and failed to act.
If you’re unsure whether what you’re experiencing qualifies, that uncertainty is common, and it’s exactly the kind of question worth bringing to an attorney rather than trying to answer on your own.
What If My Employer Retaliates After I Report Harassment?
Reporting harassment should not cost you your job, but retaliation is unfortunately common. California law prohibits employers from punishing you for reporting harassment or participating in an investigation into it. This protection applies regardless of your immigration status and covers retaliation such as:
- Termination or demotion
- Reduced hours or pay
- Undesirable schedule or assignment changes
- Increased scrutiny or discipline that wasn’t a problem before you reported
If your employer retaliates against you for reporting harassment, you may have a separate legal claim in addition to your original harassment claim. Documenting the timeline between your report and any negative treatment that follows can help support this type of claim.
Can I Afford a Lawyer for My Harassment Claim?
You have enough on your plate right now without worrying about going into your savings to afford legal help. We take cases with no upfront fees. You only pay us for our time if we win. This allows you to focus on yourself, rather than how you’ll afford a legal retainer.
We Can Help, Regardless of Your Immigration Status
At KJT Law Group, we represent workers harassed at work no matter their immigration status. If you’re worried that speaking up will put your status at risk, we can talk you through your options and help you understand the protections available to you. Contact us today for a free consultation.
