California Fair Employment and Housing Act: Potent Combination of Ant-Discriminatory Laws

California is home to thousands of companies and businesses – six Fortune 500 companies and several major financial institutions can be found in Los Angeles. With millions of employees working hard to make a living in a melting pot of cultures, religions, and beliefs, discrimination can be rampant in the state.

While there are federal anti-discrimination laws such as the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA), Equal Pay Act (EPA), Age Discrimination in Employment Act (ADEA), and the Pregnancy Discrimination Act (PDA), Genetic Information Non-Discrimination Act, the California Fair Employment and Housing Act (FEHA) combines the best of these laws into one statute.

The provisions of FEHA can be found in Government Code Section 12900-12996 and this law prohibits all forms of employment discrimination as well as sexual harassment. FEHA covers all private and public employers in California as long as they regularly employ 5 or more persons, as well as state departments, local governments, employment agencies, labor organizations and training programs.

Further, in case of sexual harassment, even if there is only one employee, the employer is still covered by the law.

The Fair Employment and Housing Act is a more potent version of the above-mentioned state laws and prohibits employment discrimination based on the following protected characteristics:

• Race
• Color
• Ancestry
• Religion
• Age (40 years old and above)
• Gender (including pregnancy)
• National Origin

Most notably, FEHA also prohibits discrimination and harassment against an employee for his sexual orientation and marital status. Also, even before the enactment of GINA, FEHA has already prohibited discrimination against an employee or applicant’s medical condition and genetic characteristics as well as persons with AIDS or HIV.

While the protections FEHA offers to California employees is similar to its federal law counterparts, its more potent and advantageous to employees. Aside from the greater scope of covered employers, it also provides the award for attorney’s fees and reimbursement of litigation expenses to prevailing plaintiffs.

Also under FEHA, punitive damages may be imposed against the defendant or its officials who engage in harassment, discrimination, or retaliation.

If you are a California employee unless you are otherwise classified as exempt or contractual, your rights are protected by FEHA. So if you are experiencing discrimination, harassment, or retaliation because of any of the above-mentioned protected characteristics, you may file a complaint either with the Department of Fair Employment and Housing or file a lawsuit through an employment lawyer in federal court.