The Fair Employment and Housing Act (FEHA) is one of California’s most essential laws designed to protect employees and residents from discrimination, harassment, and retaliation. In the workplace, it ensures that people are treated fairly regardless of their race, gender, disability, age, sexual orientation, or other protected characteristics. FEHA is enforced by the Department of Fair Employment and Housing (DFEH), which investigates complaints and works to resolve cases through mediation, litigation, or other means.
In this article, we will explore how FEHA helps safeguard employees and residents, what protections it provides, and how it can be used to challenge discrimination in the workplace or housing situations.
What FEHA Covers 
FEHA protects individuals from discrimination in a wide range of circumstances, including employment, housing, and public accommodations. The law is designed to ensure equal opportunity for everyone, regardless of their background or characteristics. While other federal laws, like Title VII of the Civil Rights Act, offer similar protections, FEHA goes further by offering additional protections and covering more types of discrimination.
The law covers various forms of discrimination, including but not limited to:
Race and Ethnicity Discrimination
Race and ethnicity-based discrimination has long been a serious issue in California, and FEHA aims to address it head-on. The law prohibits any adverse employment actions—such as hiring, firing, promotion, or compensation decisions—based on an individual’s race or ethnicity. It also protects against harassment based on these characteristics and requires employers to take appropriate action to stop discriminatory behavior.
Sex and Gender Discrimination
FEHA ensures that all employees, regardless of their sex or gender, are given the same opportunities in the workplace. It covers not only gender-based discrimination but also protects transgender and gender nonconforming employees from discrimination or harassment. FEHA mandates that employers provide equal pay for equal work, regardless of gender.
Disability Discrimination
FEHA offers protection for individuals with disabilities by ensuring they are not discriminated against because of their condition. Additionally, it requires employers to provide reasonable accommodations for employees with disabilities so that they can perform their job duties effectively. This includes accommodations such as modifying work schedules, providing assistive technologies, or adjusting the physical workspace.
Age Discrimination
In California, individuals over the age of 40 are protected from age discrimination under FEHA. This means that employers cannot make employment decisions based solely on an individual’s age, and they must treat all employees equally, regardless of age, when it comes to promotions, training, or compensation.
Sexual Orientation and Gender Identity Discrimination
FEHA protects individuals from discrimination based on their sexual orientation or gender identity. It ensures that employees are not discriminated against because of their sexual preference or how they choose to identify their gender. Employers are required to create a workplace that is inclusive of all employees, regardless of their sexual orientation or gender identity.
Religion and Belief System Protections
Employees are protected under FEHA if they experience discrimination because of their religion or beliefs. This includes the right to request reasonable accommodations for religious practices, such as taking time off for religious holidays or wearing religious attire. Employers are prohibited from making employment decisions based on religion or belief systems unless it would cause significant hardship to the business operations.
What Constitutes Discrimination Under FEHA?
Discrimination under FEHA is defined as any unfair treatment or adverse action against an employee or job applicant based on their protected characteristic. Discriminatory practices are prohibited in several areas of employment, including hiring, firing, promotions, compensation, benefits, and job assignments.
Discrimination may occur if an employer:
- Refuses to hire an applicant based on their race, gender, or other protected characteristic
- Demotes or fires an employee because of their disability or age
- Fails to offer equal pay for equal work
- Harasses an employee based on their sexual orientation or gender identity
- Refuses to provide reasonable accommodations for an employee’s religious or disability needs
Harassment and Retaliation Protections Under FEHA
In addition to discrimination, FEHA also provides protection against workplace harassment and retaliation. Harassment can take many forms, including verbal, physical, or visual conduct that creates an intimidating, hostile, or offensive work environment. FEHA mandates that employers take immediate and appropriate action to stop harassment and prevent it from recurring.
Retaliation Protections
FEHA protects employees from retaliation by their employer when they assert their rights under the law. Employees who file complaints of discrimination or harassment, participate in investigations, or support a colleague’s claim of discrimination are entitled to protection from retaliation. Employers cannot demote, fire, or punish an employee simply for exercising their legal rights.
Reasonable Accommodations for Disability and Religion
One of FEHA’s significant provisions is the requirement that employers provide reasonable accommodations for employees with disabilities or religious beliefs. If an employee is disabled or practices a religion with specific requirements, such as prayer times or dress code rules, the employer must make reasonable changes to the work environment to accommodate those needs.
However, employers are not required to provide accommodations if it imposes an undue hardship on their operations. For instance, if making an accommodation would require significant financial investment or significantly disrupt the employer’s operations, the employer may not be required to comply.
What Remedies Are Available Under FEHA?
FEHA provides various remedies for employees who have been subjected to discrimination, harassment, or retaliation. Employees who file claims under FEHA can seek relief in the form of:
- Back pay to compensate for lost wages due to discriminatory actions
- Emotional distress damages for suffering caused by discrimination, harassment, or retaliation
- Punitive damages if the employer acted with malice or oppressive conduct
- Reinstatement to a previous position or promotion if the employee was wrongfully terminated
- Attorney’s fees and legal costs to cover the expenses of pursuing the case
Employees can file complaints with the Department of Fair Employment and Housing (DFEH), which will investigate the claim and determine if it warrants further action. If the DFEH cannot resolve the dispute through mediation, they may take the matter to court on behalf of the employee.
Why You Need Legal Representation
While FEHA offers strong protections for employees, navigating the legal process can be complex. If you believe your rights have been violated under FEHA, it is important to consult with an experienced employment law attorney. They can guide you through the complaint process, help gather evidence, and advocate for your best interests.
How FEHA Protects You and Why It’s Important
FEHA ensures that all employees have a safe, respectful, and fair environment in which to work. By offering protections against discrimination, harassment, and retaliation, it helps ensure that everyone has an equal opportunity to succeed in their job, regardless of their background, identity, or abilities. If you are dealing with discrimination in the workplace, remember that you have legal rights and that help is available.
At The Myers Law Group, we are committed to protecting the rights of workers in California. If you have been subjected to discrimination or harassment at work, contact us today for a consultation. Our attorneys are here to support you every step of the way.