Fair Employment and Housing Act (FEHA) of California
The California Fair Employment and Housing Act (FEHA) is one of the most progressive civil rights laws in the country. Enacted to prohibit discrimination, retaliation, and harassment in employment and housing, FEHA has evolved into a powerful tool for protecting the rights of Californians.
For expert guidance on navigating FEHA and understanding your rights, consider reaching out to experienced employment law legal professionals such as MJB Law Group.
From the workplace to your home, this act aims to create safe, fair, and inclusive spaces, and firms like MJB Law Group can help ensure these protections are upheld.
California Fair Employment and Housing Act
FEHA makes it illegal to discriminate against or harass individuals based on specific protected characteristics in employment and housing. It covers a wide spectrum—from hiring and firing to renting and selling homes.
Whether you’re a worker, a tenant, or someone buying property, this act may protect you.
Who Is Protected Under FEHA?
Employees, Job Applicants, and Independent Contractors
FEHA protects full-time and part-time employees, applicants, and even independent contractors. That’s right—freelancers and gig workers are often overlooked, but not here.
Tenants, Home Buyers, and Others in Housing
FEHA also extends to housing. Whether you’re renting an apartment or applying for a mortgage, this act offers essential protections from bias.
Which Employers Are Covered?
Size Requirements and Exemptions
FEHA applies to employers with five or more employees. For harassment claims, even a single employee can invoke the law. Smaller employers still have legal responsibilities too.
Public vs. Private Sector Employers
FEHA applies across the board—government agencies, private businesses, nonprofits—no one’s above the law.
Protected Characteristics Under FEHA
Race, Religion, and National Origin
Discrimination based on skin color, faith, or where you’re from? FEHA says absolutely not.
Gender, Sexual Orientation, and Gender Identity
Whether you’re cisgender, transgender, gay, straight, or anywhere on the spectrum—FEHA has your back.
Disability and Medical Condition
Chronic illnesses or mental health conditions shouldn’t block your opportunities. Under FEHA, you’re entitled to reasonable accommodations.
Marital Status, Age (40+), and More
The list goes on—age, marital status, veteran status… FEHA is thorough and inclusive.
FEHA and Employment Discrimination
Types of Discrimination Prohibited
Discrimination can be subtle or overt—either way, it’s illegal under FEHA. That includes bias in hiring, firing, promotions, and even job assignments.
Examples of Violations in the Workplace
- Refusing to hire someone because of a disability
- Firing an employee after maternity leave
- Denying promotions based on age
Retaliation and Whistleblower Protections
FEHA makes it clear: if you speak up, you’re protected. Employers cannot retaliate against you for reporting unlawful behavior.
FEHA and Workplace Harassment
Sexual Harassment in Employment
Whether verbal or physical, unwanted advances at work are never okay—and they’re illegal under FEHA.
Hostile Work Environment Claims
If your workplace becomes toxic due to consistent offensive conduct, you may have a valid claim under FEHA.
Employer Duty to Prevent Harassment
Prevention isn’t optional. Employers are required to create a harassment-free environment… before it becomes a legal issue.
Reasonable Accommodations Under FEHA
For Disabilities and Medical Conditions
Reasonable accommodations might include ergonomic desks, adjusted schedules, or even working remotely.
For Religious Beliefs and Practices
FEHA respects your faith—accommodations could involve prayer breaks or religious dress.
Interactive Process Requirement
Employers must engage in a good-faith dialogue—an interactive process—to determine what accommodations are reasonable.
Pregnancy-Related Protections
Rights to Pregnancy Disability Leave
Under FEHA, eligible employees can take up to four months of leave during pregnancy or childbirth-related conditions.
Accommodations for Pregnant Workers
From lifting restrictions to frequent breaks—employers must make reasonable accommodations.
FEHA and Housing Discrimination
Unlawful Practices in Renting and Selling
Landlords can’t deny housing based on your race, religion, disability, or family status. That includes advertising or different rental terms.
Protections for Individuals with Disabilities
Housing providers must allow reasonable modifications—like wheelchair ramps or service animal access.
Familial Status and Source of Income Protections
Got kids or using housing vouchers? FEHA prohibits discrimination based on that too.
Harassment in Housing Situations
Landlord and Neighbor Misconduct
Harassment isn’t limited to workplaces—abusive landlords or discriminatory neighbors fall under FEHA too.
Legal Remedies Available
You can file a complaint or sue for damages, injunctive relief, and even emotional distress.
Complaint Process Under FEHA
Filing with the California Civil Rights Department (CRD)
To pursue legal action, you’ll first need to file a complaint with CRD (formerly DFEH).
Statute of Limitations and Required Timelines
You generally have three years to file a complaint. Don’t wait too long… justice doesn’t like being rushed.
Requesting a Right-to-Sue Notice
After filing, you may request a Right-to-Sue notice to move forward with your lawsuit.
FEHA Lawsuit Process
From Filing to Trial
Once you sue, the process involves discovery, potential mediation, and possibly a court trial.
Damages and Legal Remedies Available
You could be awarded back pay, emotional distress damages, reinstatement, or even punitive damages.
Attorney’s Fees and Costs
If you win, the court may order the employer or landlord to cover your legal fees.
Promoting a Safe, Inclusive Workplace
Preventative Measures Employers Must Take
Training, policies, and a healthy culture—these aren’t optional anymore.
Mandatory Anti-Harassment Training
Supervisors must undergo biennial harassment training under FEHA.
Creating a Written Policy in Compliance with FEHA
A compliant written policy must include complaint procedures, timelines, and your rights.
Key Differences Between FEHA and Federal Laws
Comparison with Title VII of the Civil Rights Act
FEHA provides broader protections, covers more employers, and allows more types of damages.
FEHA’s Broader Coverage and Benefits
Unlike Title VII, FEHA includes independent contractors, smaller employers, and broader definitions of harassment.
FEHA and LGBTQ+ Protections
Rights Related to Sexual Orientation and Gender Identity
California leads the way in protecting LGBTQ+ rights, and FEHA is a cornerstone of that movement.
California’s Role in LGBTQ+ Legal Advancements
From same-sex marriage to gender identity protections—FEHA stands at the frontline of progress.
Age Discrimination Protections
Covered Age Range (40+)
If you’re 40 or older, you’re protected under FEHA. Ageism is not just unfair—it’s illegal.
Common Forms of Age-Related Bias
Think: not being promoted, forced retirement, or being passed over for younger candidates.
Family Responsibilities Discrimination
FEHA’s Protection of Caregivers and Parents
FEHA protects those caring for children, elderly parents, or disabled family members.
Examples of Discriminatory Scenarios
- Denial of leave
- Penalization for school-related absences
- Negative performance reviews based on caregiving duties
Addressing Mental Health Discrimination
Recognized Conditions Under FEHA
Depression, anxiety, PTSD, and more are recognized. Mental health deserves parity—and protection.
Employers’ Obligations to Accommodate
Quiet rooms, flexible hours, or modified duties… all part of the conversation under FEHA.
Retaliation Claims and Legal Recourse
Activities That Are Protected
Reporting discrimination, supporting coworkers, or filing a complaint—all protected.
What Constitutes Retaliation?
Demotions, firing, bad performance reviews, or exclusion after speaking up? That’s retaliation.
FEHA and Equal Pay
How FEHA Supports Pay Equity
It’s not just a number on a paycheck—pay equity is a civil right under FEHA.
Addressing Wage Disparities by Gender and Race
FEHA complements the California Equal Pay Act, tackling race and gender-based wage gaps.
Temporary and Gig Workers Under FEHA
Extending Protections Beyond Traditional Employment
You don’t need to be a full-time employee to be protected. Freelancers and gig workers count too.
Misclassification and Legal Challenges
If you’ve been wrongly classified as an independent contractor, FEHA may still protect you.
FEHA in Real Estate Transactions
Housing Discrimination by Agents and Sellers
Agents can’t steer you away from neighborhoods based on bias. That’s discrimination—pure and simple.
Lending Practices and FEHA Violations
FEHA also applies to discriminatory loan terms and application processes.
What to Do If You Experience Discrimination
Gathering Evidence and Witness Statements
Document everything. Texts, emails, names, and dates can all become essential later on.
Consulting an Employment or Housing Attorney
Reach out to experienced legal professionals at MJB Law Group who can guide you through the process.
Remedies and Compensation
Types of Damages Available
Lost wages, emotional distress, and more. FEHA allows for substantial remedies.
Reinstatement and Injunctive Relief
You may also be reinstated in your position or granted accommodations going forward.
The Role of the Civil Rights Department (CRD)
CRD handles complaints, investigates claims, and ensures FEHA is upheld across California.
Preventing FEHA Violations in Your Workplace or Property
Proactive Compliance Strategies
Train, educate, document—compliance doesn’t happen by accident.
Regular Policy Reviews and Training
Update your workplace and housing policies regularly. Laws change… and so should your procedures.
MJB Law Group: Your California FEHA Advocates
MJB Law Group is a boutique litigation law firm in California focusing on employment and personal injury law. We fight for individuals—not corporations—and have a track record of successful outcomes.
Whether you’re battling workplace harassment or unfair housing practices, MJB Law Group stands ready to advocate for you.
Compassionate, committed, and tenacious. We will fight for your rights like it’s personal because to us, it is. Contact us.
Conclusion
The California Fair Employment and Housing Act is more than a law—it’s a promise. A promise that every person deserves dignity, fairness, and protection in employment and housing.
Whether you’re dealing with discrimination, harassment, or retaliation, you’re not alone. Know your rights and enforce them with MJB Law Group.
