California Fair Employment and Housing Act

The California Fair Employment and Housing Act is one of the country’s strongest state anti-discrimination laws. The Fair Employment and Housing Act has expanded significantly since it was enacted in 1959 ensuring fair treatment for all California residents. All employees, and potential employees, should be aware of their rights under this state law in order to protect a business’ right to operate and an employee’s right to earn a supportive wage.

The California Fair Employment and Housing Act (FEHA)

The Fair Employment and Housing Act is the principal law in California that governs discrimination and harassment in the workplace. The Act prohibits most employers from engaging in any form of discrimination against employees or applicants based on legally protected characteristics. This ensures all people have the same opportunities in employment.

While there are federal laws in place that also protect current and potential employees, FEHA includes more protected categories, offers additional remedies for employees, and covers smaller employers. In this way, FEHA provides more extensive protections and California sets an important standard in the way it protects employees from discriminatory behavior, retaliation, and harassment.

Key Protections for Employees Under FEHA

FEHA generally applies to employers who have five or more employees, covering public and private sectors. Employment protections are vast under FEHA, and they include prohibitions against the following:

• Discrimination. It is possible for discrimination to happen at any stage of employment. Employers are legally prohibited from discriminating against employees or applicants based on any protected characteristics such as race, color, ethnicity, sex, gender, sexual orientation, religion, and many more.
• Harassment. This criminal behavior involves unwelcome interactions or behaviors based on a protected characteristic. Whether the perpetrator is a co-worker, supervisor or manager, or third-party vendor, FEHA prohibits harassment in all workplaces no matter how many employees there are. Harassment can come in the form of physical touch, verbal abuse, offensive jokes, and offensive images, creating a hostile work environment.
• Retaliation. Employees are protected from retaliation under FEHA. No employer can take adverse action, such as demotion or termination, against an employee for engaging in a protected activity or exercising their rights.
• Reasonable accommodations. Employees with a disability or medical condition are required to be given reasonable accommodations by their employers so that they can effectively perform their work duties.

Violations against any of these or against behaviors that are similar should be immediately reported to a supervisor or human resources department. An employer should have the right to correct these matters. Failure to do so could open them up to the filing of a complaint or a claim against the employer.

Filing a Complaint Under FEHA

If you were discriminated against, harassed, or adverse action was taken against you in employment, you have the right to file a complaint. The California Civil Rights Department (CRD) makes it possible for victims of discrimination or harassment to get the justice they deserve. The steps for filing a complaint with CRD:

1. File a complaint. Those who wish to file a complaint have the option to do so by mail, over the phone, or online. If the CRD determines that a civil rights law they enforce may have been violated, they will investigate your claim.
2. Investigation and mediation. If the CRD investigation finds that your claim is supported by evidence and there is probable cause to believe a law was violated, they may move forward with mediation between you and the other party.
3. Right to sue letter. If the issue cannot be settled between parties with mediation or if the claimant wants to take legal action, the CRD will issue a right-to-sue letter. The claimant can then take their case to civil court.
4. Remedies. When a claimant wins their case, they are awarded remedies, including position reinstatement, compensation for lost wages, and any other remedies the court decides are appropriate.

This process can be complicated, but utilizing the help of your attorney can ensure that your needs are met and your rights are protected throughout each step.

FAQs

Can I Take Legal Action Without Filing a Complaint With CRD?

Under FEHA, you must go the administrative route of filing a complaint with CRD before taking legal action. This gives the CRD the opportunity to potentially resolve the situation before anything is done further. You do have the option, however, of not involving the state at all. In this case, you may be able to obtain an immediate right to sue.

What Responsibilities Do Employers Have to Ensure Compliance With FEHA?

Employers have a responsibility to maintain a work environment free of harassment and discrimination by implementing and enforcing company policies, providing training to all employees and managers, and appropriately handling all concerns or complaints.

It is also vital for employers to engage in unbiased hiring practices and provide reasonable accommodations to employees who are temporarily or permanently disabled. FEHA also requires all employers to display posters on discrimination and provide all employees with information on their anti-harassment and anti-discrimination policies.

Can I Seek Both FEHA and Federal Remedies for the Same Claim?

You can seek FEHA and federal remedies for the same claim if the claim falls under both jurisdictions. You must, however, meet the deadlines and comply with the procedures for both claims. In some cases, it can be strategic to pursue remedies under both state and federal laws, but it’s important to go over the details of your claim with a lawyer to determine what course of action would be most appropriate for you.

Does FEHA Apply to Volunteers and Independent Contractors?

Although FEHA mainly covers employees, it can apply to volunteers and independent contractors depending on the type of claim and the specific circumstances. Both volunteers and independent contracts are protected from harassment based on a protected characteristic as well as retaliation in the workplace. Other protections may differ greatly from those given to traditional employees.

California Employment Lawyer

The California Fair Employment and Housing Act is a vital tool in the fight against unfair treatment, harassment, and discrimination in employment. By understanding the responsibilities, it imposes on employers and the protections it offers employees, individuals can make sure their rights are protected and their employers are taking proper steps to foster an inclusive work environment. If you have questions about FEHA or would like to file a claim, you can contact The Law Office of Frank S. Clowney III to schedule a consultation.