Introduction
California's Fair Employment and Housing Act (FEHA) provides some of the most comprehensive civil rights protections in the nation. Whether you're facing discrimination, harassment, or retaliation in the workplace, it's crucial to understand your rights. This guide outlines key protections under FEHA so you can recognize violations and take action when necessary.
1: Protected Classes
FEHA prohibits discrimination and harassment based on: Race, color, national origin, ancestry; Religion or religious creed; Sex, gender, gender identity, gender expression; Sexual orientation; Pregnancy, childbirth, or related medical conditions; Disability (physical or mental); Medical condition; Genetic information; Marital status; Age (40 and over); Military or veteran status. These protections apply to all aspects of employment, including hiring, firing, promotions, pay, and working conditions.
2: Prohibited Conduct
FEHA makes it illegal for employers to: Discriminate against employees or job applicants based on protected characteristics; Create or allow a hostile work environment through harassment; Retaliate against employees who complain about discrimination or harassment; Fail to provide reasonable accommodations for disabilities or religious practices; Deny equal pay for substantially similar work (California Equal Pay Act). Harassment can include offensive jokes, slurs, physical conduct, or creating an intimidating work environment.
3: Employer Size Requirements
FEHA applies to employers with: 5 or more employees (for most discrimination and harassment claims); 1 or more employees (for harassment claims only); 15 or more employees (for religious accommodation claims). Even smaller employers may be subject to other California anti-discrimination laws.
4: Reasonable Accommodations
Employers must provide reasonable accommodations for: Employees with disabilities that allow them to perform essential job functions; Employees' religious beliefs and practices; Pregnancy-related conditions and limitations. Accommodations might include modified work schedules, equipment changes, or temporary job reassignments. Employers only need to accommodate if it doesn't create an "undue hardship."
5: Complaint Process and Deadlines
When dealing with a violation of FEHA, there are strict requirments. (1) You must first request a right to sue from the California Civil Rights Department (CRD) within 3 years of the violation. (2) After you've obtained a right to sue, you have 1 year from the date the right to sue was obtained to file a lawsuit in court. Ensure you act quickly and in consultation with an attorney to avoid waiving your right to pursue legal action.
6: Retaliation Protection
It's illegal for employers to retaliate against you for: Filing a discrimination or harassment complaint; Participating in an investigation or lawsuit; Opposing discriminatory practices; Requesting reasonable accommodations. Retaliation can include firing, demotion, reduced hours, hostile treatment, or any other adverse action that might deter someone from exercising their rights.
5: What To Do If You Think Your Rights Have Been Violated
Document everything. Keep detailed records of discriminatory incidents, including dates, witnesses, and what was said or done. Report the behavior through your employer's complaint process if you feel safe doing so. Consult with a qualified employment attorney who specializes in FEHA cases.
5: Complaint Process and Deadlines
When dealing with a violation of FEHA, there are strict requirments. (1) You must first request a right to sue from the California Civil Rights Department (CRD) within 3 years of the violation. (2) After you've obtained a right to sue, you have 1 year from the date the right to sue was obtained to file a lawsuit in court. Ensure you act quickly and in consultation with an attorney to avoid waiving your right to pursue legal action.
Conclusion
FEHA provides strong protections against workplace discrimination and harassment, but knowing your rights is only the first step. If you believe your employer has violated FEHA, don't suffer in silence. California law is designed to protect you, and there are remedies available including back pay, damages, and attorney's fees for successful claims.
Resources
California Civil Rights Department
California Fair Employment and Housing Act (Government Code Section 12900 et seq.)
