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California FEHA - Your Guide to Fighting Discrimination and Retaliation at Work!
Learn how California’s FEHA protects employees from discrimination and retaliation. Find out your options and take action today!
California is notorious for its “dreamy” and “free” vibe, beautiful beaches, and incredible scenery, but to residents, living in the Golden State means so much more. For those of us who live here, this means protecting the interests of California’s residents is of utmost importance.
Along with federal laws that protect employment and housing rights, California adopted a law known as the California Fair Employment and Housing Act (FEHA). This act is especially important when residents want equity in housing and employment.
One of our clients learned just how important this law is when they sought housing in California and were denied solely based on their Latinx background. Despite having a stable income, excellent references, and no rental history issues, they were told the property was no longer available - only to find out it was later rented to someone else. This painful experience made it clear that discrimination can impact both renters and employees, hindering opportunities and perpetuating inequality. FEHA offers essential protections to ensure all residents, regardless of background or ethnicity, have equal access to housing and employment opportunities in California.
What is FEHA?
As stated above, The Fair Employment and Housing Act (FEHA) is a California law designed to protect individuals from discrimination, harassment, and retaliation in both employment and housing. Enforced by the California Civil Rights Department (CRD), FEHA applies to private employers, labor organizations, state and local governments, and housing providers. It offers broader protections than many federal anti-discrimination laws, ensuring all Californians have the right to fair treatment.
About California FEHA
Employers with five or more employees are required to uphold FEHA and ensure employees are not discriminated against with regard to hiring, promotions, training, and more! With regard to “harassment” - FEHA applies to ALL employees including those with just one employee.
California Fair Employment and Housing Act (FEHA) covers employers with five or more employees, although harassment protections extend to businesses with just one employee or independent contractor. It prohibits discriminatory practices in hiring, termination, promotion, training, and other employment activities based on specific protected characteristics. The act also applies to housing, prohibiting landlords and property managers from discriminating against tenants.
FEHA and other laws can sometimes be confusing, for more information reach out to Consumer Attorneys directly and we will be happy to answer your questions and address your concerns.
Overview of FEHA California
FEHA requires employers and housing providers to actively prevent and correct discriminatory practices. Employees or tenants who believe their rights under FEHA have been violated can file complaints with the CRD or pursue civil action. The law also mandates employers to engage in an interactive process with employees requesting reasonable accommodations.
Important Elements of CA FEHA
FEHA includes several important components, including protected characteristics, harassment protection, reasonable accommodations, and retaliation protection for California employees.
- Protected Characteristics: FEHA protects individuals from discrimination based on characteristics like race, gender, disability, age, sexual orientation, religion, and more.
- Harassment Protections: Any form of harassment, whether from supervisors or co-workers, is prohibited under FEHA.
- Reasonable Accommodations: Employers must provide reasonable accommodations for employees with disabilities or medical conditions.
- Retaliation Protections: Employees who report discrimination or participate in investigations are protected from retaliation.
What Does FEHA Prohibit?
FEHA prohibits discrimination and harassment in employment and housing. It applies to decisions regarding hiring, firing, promotions, compensation, benefits, and workplace conditions.
In housing, it prevents actions such as denial of rental applications, differential treatment, and eviction based on protected characteristics.
What Counts as FEHA Discrimination?
Discrimination under FEHA occurs when individuals are treated unfairly based on protected characteristics in employment or housing contexts.
Under FEHA, It’s Illegal to Discriminate Against Employees Based on:
- Race, color, national origin, and ancestry
- Religion and creed
- Sex, gender, gender identity, and sexual orientation
- Disability (mental or physical)
- Age (40 and older)
- Marital status or pregnancy
- Military and veteran status
What is FEHA – Retaliation?
FEHA’s anti-retaliation provisions protect employees who engage in activities such as filing complaints, assisting in investigations, or opposing discriminatory practices. Retaliation can include termination, demotion, salary reduction, or hostile work environments imposed as punishment for reporting issues.
Did FEHA Expand?
FEHA has expanded a lot over the years, even including the CROWN Act, which enhances protections against racial discrimination by prohibiting discrimination and harassment based on hairstyles, including braids, locks, twists, and hair texture, under California law.
Yes, FEHA has expanded over the years to offer stronger protections. Recent amendments include coverage for more types of discrimination and harassment, expanding definitions of gender identity, and requiring mandatory anti-harassment training for employers with five or more employees.
Differences Between FEHA and Federal Anti-Discrimination Laws
| Feature | FEHA | Federal Anti-Discrimination Laws |
|---|---|---|
| Employer Size | Covers employers with 5 + employees | Covers employers with 15 + employees |
| Protected Characteristics | Includes more protections (marital status, sexual orientation) | Covers fewer characteristics |
| Harassment Protections | Applies to all employers, even with 1 employee | Limited to larger employees |
| Filing Deadlines | 3 years to file complaints with CRD | 180-300 days to file with the EEOC |
Repercussions for Violating FEHA
If employers or housing authorities violate FEHA, they can face serious repercussions, including fines, injunctions, and civil penalties.
Employers or landlords who violate FEHA may face serious consequences, including:
- Civil penalties and fines
- Reimbursement of damages to victims (e.g., lost wages, emotional distress)
- Court-mandated policy changes
- Injunctions to prevent further violations
Employees’ Options After FEHA Violations
Contact Consumer Attorneys
Employees should reach out to our lawyers - with experience winning FEHA cases. Our experienced attorneys can evaluate potential claims and represent you in negotiations or lawsuits. Oftentimes, we’re able to settle before going to trial.
For additional support and resources, contact a California employment lawyer at our firm. We’re always available to speak with you!
File a Complaint
Individuals may file a complaint with the California Civil Rights Department (CRD). The CRD investigates claims, offers mediation, and may issue a right-to-sue notice allowing the individual to pursue legal action independently.
More Information about FEHA?
For additional information, visit the California Civil Rights Department website or consult with a legal professional to explore options under FEHA.
Contact Our Encino Office
By Phone: +18667306263
Via Email [email protected]
By visiting our office in LA: 16130 Ventura Blvd Suite 300, Encino, CA 91436
Frequently Asked Questions
FEHA (California Fair Employment and Housing Act) provides broader protections than federal anti-discrimination laws. It applies to employers with five or more employees, while federal laws, like Title VII of the Civil Rights Act, apply only to employers with 15 or more employees. FEHA also covers additional protected categories, such as marital status, gender identity, and sexual orientation, which federal laws may not address as comprehensively. Additionally, FEHA offers more robust remedies, including unlimited compensatory and punitive damages, whereas federal law places limits on damages. The procedural timelines for filing complaints are also more flexible under FEHA. This law ensures California residents receive better protection against workplace discrimination and harassment compared to federal laws alone.
No, FEHA explicitly prohibits retaliation against employees who file a complaint, participate in an investigation, or oppose discriminatory practices. Retaliation includes any adverse actions such as demotion, termination, reduced hours, or harassment because of the employee’s involvement in protected activities under FEHA. The law provides safeguards to ensure that individuals can report violations without fear of punishment. If retaliation does occur, employees have the right to file a complaint with the California Civil Rights Department (CRD) or pursue a lawsuit for damages. Retaliation is taken seriously, and employers can face severe legal consequences, including fines, compensatory damages, and reinstatement orders if found guilty of retaliatory actions.
You can find detailed information about your rights under FEHA through the California Civil Rights Department (CRD) website. The CRD provides resources, including how to file a complaint, timelines for reporting violations, and the full list of protected categories under FEHA. Additionally, the site offers guidance on what constitutes discrimination, harassment, and retaliation, and it explains the complaint investigation process. For those needing further assistance, contact Consumer Attorneys and one of our attorneys with experience in employment law can offer you tailored advice and representation.
Daniel Cohen is the Founder of Consumer Attorneys. Daniel manages the firm’s branding, marketing, client intake and business development efforts. Since 2017, he is a member of the National Association of Consumer Advocates and the National Consumer Law Center. Mr. Cohen is a nationally-recognized practitioner of consumer protection law. He has a we... Read more
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