What is FEHA? The Fundamentals for New Employees

What is the Fair Employment and Housing Act (FEHA) and what protections does it offer to workers? 

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 844-697-4448 today for a free and confidential consultation to get the help you need and deserve.