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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.
Our skilled FEHA lawyers in Los Angeles can help you pursue discrimination claims based on FEHA violations. We can help you fight for your rights as well as protect you from retaliation for filing a discrimination claim.
Under FEHA, 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.
Our Los Angeles labor attorney assists employers in drafting an effective policy and grievance procedure in the workplace. We also help employers in ensuring compliance to FEHA laws and other federal anti-discrimination laws, including the proper procedure at work such as the issuing of prompt notice of a complaint and the opportunity to respond to the employee’s complaint.
Our experienced labor lawyers in California are knowledgeable with both state and federal laws, having successfully handled thousands of employment discrimination cases in Los Angeles and other parts of California.
Call us at our toll-free number for appropriate legal information on issues regarding FEHA laws and claims as well as to avail of proper representation in hearings.