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Harassment & Discrimination Defense for California Employers
Defending Employers Against Harassment & Discrimination Claims.
Protect your company’s reputation and bottom line with a vigorous defense against discrimination and harassment claims. Allegations of illegal workplace conduct require an immediate, sensitive, and strategic response.
Employers only — never employees
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Trusted by 1,500+ companies in California. · Google reviews — 4.8 · Employers only — never employees
§ 01 — Claims we defend
Common claims we defend for California employers.
Our attorneys are adept at dissecting the nuances of each type of claim to build the strongest possible defense for your business.
01
Hostile Work Environment
Gov. Code § 12940(j)
Defending claims that conduct was so severe or pervasive it created an intimidating, offensive, or abusive work environment.
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02
Quid Pro Quo Harassment
Gov. Code § 12940(j)
Fighting allegations that an employment benefit was conditioned on submission to unwelcome sexual advances.
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03
Disparate Treatment
Gov. Code § 12940(a)
Handling claims that an individual was intentionally treated less favorably because of a protected characteristic.
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04
Failure to Accommodate
Gov. Code § 12940(m)
Countering claims that the company failed to reasonably accommodate an employee’s known disability or religious practice.
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05
Retaliation
Gov. Code § 12940(h)
Defending claims that an employee suffered adverse action for reporting or opposing conduct they believed unlawful.
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06
Failure to Prevent
Gov. Code § 12940(k)
Addressing the companion claim that the employer failed to take reasonable steps to prevent harassment or discrimination.
Discuss it ↗§ 02 — What is at stake
Why this demands an immediate, strategic response
California’s Fair Employment and Housing Act (FEHA) provides some of the broadest employee protections in the nation, imposing strict obligations on employers to prevent and address harassment and discrimination.
A claim can arise from any adverse employment action — hiring, promotion, discipline, or termination — allegedly motivated by a protected characteristic. Our firm provides discreet, expert counsel through these sensitive, high-stakes matters.
How the first two weeks are handled often decides the case: a prompt, fair, well-documented internal investigation is both a legal obligation and the backbone of the eventual defense.
Gov. Code § 12940(k)
Prevention is a duty
FEHA separately penalizes failing to take reasonable steps to prevent harassment — policies, training, and complaint channels are legal infrastructure.
CRD / EEOC charges
The agency phase matters
Most claims begin as a Civil Rights Department or EEOC charge. The position statement you file becomes evidence — it must be built for the litigation that may follow.
Personal liability
Harassment reaches individuals
Unlike discrimination, FEHA harassment claims can be brought against individual employees — raising the stakes and the need for coordinated defense.
§ 03 — How we defend it
Our strategy on these matters
01→
Immediate Investigation
We run or guide a prompt, impartial, privileged-where-possible internal investigation — the step courts and juries weigh most heavily.
02→
Agency Response
We prepare CRD and EEOC position statements built for the litigation that may follow, never casual responses that become exhibits.
03→
Litigation Defense
Where suit is filed, we defend aggressively — attacking severe-or-pervasive elements, asserting the avoidable-consequences doctrine, and isolating individual claims.
04
Culture & Compliance
We shore up the prevention record — policy, training cadence, and complaint handling — that defeats the § 12940(k) companion claim next time.
§ 04 — Questions
Common questions on this matter
Q.01An employee just made a harassment complaint. What do we do first?+
Take it seriously, act promptly, and investigate fairly — with interim measures where appropriate. A prompt, documented, impartial response is both required and the core of the later defense. Involve counsel early to preserve privilege where possible.
Q.02What is a CRD (formerly DFEH) charge and how should we respond?+
It is the administrative complaint that typically precedes a FEHA lawsuit. The response is evidence — factual, precise, and consistent with what discovery will later show. Never file one without legal review.
Q.03Can managers be sued personally?+
For harassment under FEHA, yes — individuals can be named personally. Discrimination claims generally lie against the employer only. This distinction shapes defense and settlement strategy.
Related practice areas
John FagerholmEmployer defense attorney · Licensed in California since 2001