Fair Employment and Housing Act (FEHA) Laws, Claims, and Hearings

 As the principal California statute prohibiting employment discrimination, the Fair Employment and Housing Act (FEHA) covers “employers, labor organizations, employment agencies, apprenticeship programs and any person or entity who aids, abets, incites, compels, or coerces the doing of a discriminatory act”. This law also prohibits retaliation against a person who opposes discrimination.

Under this law, employees can file an administrative complaint of discrimination, harassment, or retaliation within one (1) year of the alleged unlawful conduct or behavior.  The statute of limitations gives employees time to assert their claims and makes it easier for concerned agencies like the EEOC or the state Department of Fair Employment and Housing (DFEH) to investigate, obtain documents, and find witnesses.

If the DFEH decides not to prosecute the claims, an employee is given the notice of the right to file a civil lawsuit. The employee has one year from receipt of the “right to sue” letter to file a lawsuit.
However, under the “continuing violation doctrine” and “equitable tolling”, an employee can extend the statute of limitation on the filing of a complaint.  A “continuing violation” occurs when the employer’s unlawful conduct begins before the limitations period and “continues” into the limitations period, while “equitable tolling” applies when an injured person has several legal remedies and pursues one, which applies to FEHA claims where administrative remedies are available to an employee and a second course of action exists.

To avoid problems arising from discrimination charges, employers must have an effective policy and grievance procedure, which gives them prompt notice of a complaint and the opportunity to respond to the employee’s complaint.

Employment Attorney Services provide employers/ employees with appropriate legal information on issues regarding FEHA laws and claims as well as represent them in hearings.