California Fair Employment and Housing Act
- JC Serrano | Founder - LRIS # 0128
- Jul 11, 2023
- 3 min read
Updated: Apr 22
The California Fair Employment and Housing Act (FEHA) is a significant legislation within California employment law that aims to promote equal employment opportunities and protect employees from various forms of discrimination and harassment.
When an FEHA violation — such as retaliation, disparate treatment, or failure to accommodate — culminates in termination, the employee has both a FEHA discrimination claim and a California wrongful termination claim under the Tameny doctrine. See our California wrongful termination guide for the full proof framework and available damages.
Enacted in 1959, the FEHA has a rich history of shaping the employment landscape in the state. In this article, we will explore the history and purpose of the FEHA, delve into its key provisions, highlight its benefits to employees, address frequently asked questions, and emphasize the advantages of hiring a California employment lawyer to assist with labor-related claims.
History and Purpose of the California Fair Employment and Housing Act
The FEHA was initially established as the Fair Employment Practices Act in 1959. Over time, it has undergone amendments and expansions to become the comprehensive law it is today.
The primary objective of the FEHA is to prohibit employment discrimination and harassment based on protected characteristics such as race, color, religion, sex, gender, gender identity, sexual orientation, marital status, national origin, ancestry, disability, medical condition, and age.
What Does the California Fair Employment and Housing Act Do?
The FEHA serves various functions to protect employee rights and promote fair treatment in the workplace:
Prohibition of discrimination: The FEHA prohibits employers from engaging in discriminatory practices during the hiring process, employment terms, promotions, wages, and termination based on protected characteristics.
Prevention of harassment: The FEHA prohibits workplace harassment, including sexual harassment, and holds employers responsible for maintaining a work environment free from such misconduct.
Reasonable accommodations: The FEHA requires employers to provide reasonable accommodations to employees with disabilities, ensuring they have equal opportunities and access to employment.
Retaliation protection: The FEHA prohibits employers from retaliating against employees who exercise their rights under the act, such as filing complaints or participating in investigations.
Benefits of the California Fair Employment and Housing Act
The FEHA offers several benefits to employees in California:
Protection against discrimination and harassment: The FEHA provides robust protections for employees, ensuring equal opportunities and fair treatment in the workplace.
Expanded scope of protected characteristics: The FEHA covers various protected characteristics, offering comprehensive safeguards against discrimination based on various factors.
Remedies and enforcement: The FEHA provides avenues for employees to seek remedies for discrimination or harassment, including compensation for damages, injunctive relief, and attorney's fees.
FAQs about the California Fair Employment and Housing Act
Q. How do I file a complaint under the FEHA?
A. Employees can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) within specified time limits. Consulting with a California employment lawyer can help ensure compliance with procedural requirements.
Q. What remedies are available under the FEHA?
A. Remedies under the FEHA may include compensatory damages, punitive damages, injunctive relief, reinstatement, reasonable accommodations, and attorney's fees.
Q. Is it necessary to prove intentional discrimination?
A. No, the FEHA recognizes both intentional discrimination and disparate impact claims. Employees can establish discrimination by demonstrating that an employment practice hurts individuals based on protected characteristics.
Benefits of Hiring a California Employment Lawyer
When facing labor-related claims under the FEHA, hiring a vetted California employment lawyer can provide numerous advantages:
Legal expertise and guidance: Employment lawyers specialize in California employment law and have in-depth knowledge of the FEHA's provisions. They can provide guidance, evaluate the merits of your claim, and develop effective legal strategies.
Protection of rights and interests: An employment lawyer can advocate for your rights, protect your interests, and ensure compliance with procedural requirements throughout the legal process.
Negotiation and representation: Employment lawyers can negotiate on your behalf with employers or their legal representatives to seek fair settlements or pursue litigation if necessary. They will strive to achieve the best possible outcome for your case.
Maximizing compensation: An employment lawyer can assess the damages you may be entitled to and pursue full compensation for lost wages, emotional distress, attorney fees, and other applicable remedies.
In conclusion, the California Fair Employment and Housing Act is a cornerstone of California employment law, offering robust protections against discrimination and harassment in the workplace. It empowers employees by providing avenues for redress and ensuring equal opportunities.
When faced with labor-related claims under the FEHA, hiring a vetted California employment lawyer can provide invaluable support, legal expertise, and guidance to navigate the complexities of the act and seek fair resolutions.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. California employment law is highly fact-specific. For guidance on your particular situation, consult a licensed California employment attorney.
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