What is the California FEHA? The Fundamentals for New Employees

June 21, 2024
A group of women are sitting around a table in a conference room discussing their rights under FEHA

Why is it Important for California Employees to be Aware of the FEHA?

California employees should be aware of the Fair Employment and Housing Act (FEHA) because it provides some of the strongest workplace protections in the nation and directly governs how employers may treat workers throughout the employment relationship. FEHA exists to ensure that employees are not subjected to discrimination, harassment, or retaliation based on protected characteristics, and it gives workers clear legal rights and remedies when those protections are violated. Understanding FEHA helps California employees recognize when workplace conduct crosses from unfair to unlawful.


Employees who are unaware of FEHA may not realize they are being denied legally guaranteed rights, such as protection from discrimination, the right to reasonable accommodations, or safeguards against retaliation for reporting unlawful behavior. Knowing how FEHA applies can empower employees to identify red flags early, document misconduct properly, and take timely action to protect their livelihoods and careers.



Enacted in 1959, FEHA is a cornerstone of California employment law and sets enforceable standards designed to promote fair, inclusive, and equitable workplaces. It prohibits unjust employment practices targeting individuals based on protected characteristics and provides legal pathways for employees to seek accountability and compensation when employers fail to comply.

What Is FEHA?

FEHA operates with federal statutes, reinforcing numerous principles to protect against workplace discrimination, retaliation and harassment. FEHA applies universally to all workers in the state, ensuring comprehensive coverage and equitable treatment..


What Protections Does It Offer?

 FEHA protects against various forms of discrimination, retaliation, and harassment in the workplace. The key areas of protection include:

  • Discrimination: FEHA prohibits discrimination based on certain protected characteristics, such as race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, age, disability, marital status, and medical condition.
  • Retaliation: The act safeguards employees from retaliation for engaging in protected activities, such as filing a complaint or opposing discriminatory practices.
  • Harassment: FEHA addresses and prohibits harassment in the workplace based on protected characteristics. This includes unwelcome conduct, comments, or actions that create a hostile work environment.
  • Accommodation: The act mandates employers to provide reasonable accommodations for employees with disabilities to ensure equal opportunities and access to the workplace.
  • Equal Pay: FEHA includes provisions promoting equal pay for equal work, and prohibiting wage discrimination based on gender, race, or other protected characteristics.


What Happens If An Employer Doesn’t Comply?

If an employer fails to comply with FEHA, they may face legal consequences and enforcement actions. The Civil Rights Department (“CRD”) is responsible for enforcing FEHA, and individuals who believe their rights have been violated can file complaints with this agency.

Consequences for non-compliance may include:

  1. Legal Action: Employees who experience discrimination, harassment, or retaliation can file a complaint with the CRD. The CRD may investigate the complaint and, if warranted, take legal action against the employer on behalf of the aggrieved employee.
  2. Lawsuits: Employees also have the right to file private lawsuits against employers for violating FEHA. If the court finds in favor of the employee, the employer may be required to pay damages, attorney fees, and other remedies to the affected employee.
  3. Civil Penalties: Employers found to violate FEHA may face civil penalties imposed by the CRD. These penalties can be significant and are intended to deter non-compliance.
  4. Corrective Actions: The CRD may require employers to take corrective actions, such as implementing anti-discrimination policies, providing training, or making changes to workplace practices to ensure compliance with FEHA.


Conclusion

Employers must be aware of and adhere to FEHA requirements to avoid legal consequences and promote a fair and inclusive work environment. Employers are encouraged to have clear anti-discrimination policies, provide training to employees, and promptly address any complaints of discrimination or harassment to demonstrate compliance with FEHA.


Consult with LFECR, an experienced employment law firm that can provide guidance, support, and legal representation to help you pursue justice and hold your former employer accountable for their actions. With the right legal counsel, you can navigate the legal process and work towards a fair resolution. 


If you or someone you know is seeking support, our experienced labor rights lawyers at Lawyers for Employee and Consumer Rights are here to guide you toward a resolution that upholds your rights and dignity. Call 844-950-0696 today for a free and confidential consultation to get the help you need and deserve.




Frequently Asked Questions 

1. Who is protected under California’s FEHA?
FEHA protects employees, job applicants, interns, and independent contractors in California. Coverage generally applies to employers with five or more employees, though harassment protections apply even to smaller employers.


2. What are considered “protected characteristics” under FEHA?
Protected characteristics include race, color, ancestry, national origin, religion, sex, gender identity or expression, sexual orientation, age (40 and over), disability, medical condition, genetic information, marital status, and military or veteran status, among others.


3. Does FEHA apply only to current California employees?
No. FEHA protections extend to job applicants, current employees, former employees, unpaid interns, and contractors. This means discrimination or retaliation at any stage of employment, including hiring, promotion, or termination, may violate FEHA.


4. How is FEHA different from federal employment discrimination laws?
FEHA often provides broader protections than federal laws such as Title VII or the Americans with Disabilities Act. California law covers more protected categories, applies to smaller employers, and may offer stronger remedies for affected employees.


5. What should I do if I believe my employer violated FEHA?
If you believe your rights were violated, you can file a complaint with the California Civil Rights Department (CRD). In many cases, you may also pursue a private lawsuit. Speaking with an experienced California employment attorney can help you determine the best course of action and ensure deadlines are met.


6. How long do I have to file a FEHA claim in California?
Deadlines vary depending on the nature of the claim, but FEHA generally requires employees to file a complaint with the CRD within a specific time frame. Missing these deadlines can prevent you from pursuing compensation, so it’s important to act promptly.


7. What remedies are available for FEHA violations?
Available remedies may include back pay, front pay, emotional distress damages, attorney’s fees, reinstatement, policy changes, and, in some cases, punitive damages. The exact remedies depend on the facts of the case and the type of violation.

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