What is Fair Employment and Housing Act (FEHA) and how does it protect employees with disabilities?

The California Fair Employment and Housing Act (FEHA), codified in Government Code sections 12900 et seq., stands as one of the most comprehensive and employee-protective civil rights laws in the United States. The Legislature enacted FEHA with a clear purpose: “to provide effective remedies to eliminate such discrimination, including discrimination not just because of one trait, but also because of the combination of two or more protected bases.”  

FEHA declares as public policy “that it is necessary to protect and safeguard the right and opportunity of all persons to seek, obtain, and hold employment without discrimination” on the basis of physical or mental disability or various other factors. This legislative intent reflects California’s deep commitment to creating workplaces free from discrimination and harassment. 

The Act’s significance extends beyond mere statutory compliance. FEHA supports common law tort actions for termination in violation of “fundamental” public policy, demonstrating how deeply embedded anti-discrimination principles are in California’s legal framework. This integration of statutory and common law protections creates a robust shield for employees facing workplace discrimination. 

FEHA prohibits employment discrimination against individuals who have a “physical disability, mental disability or medical condition.” The law’s approach to disability protection is particularly comprehensive, covering not only actual disabilities but also individuals who have a record of disability or are regarded as disabled by their employer. Physical disabilities include any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that affects body systems and limits an individual’s ability to participate in major life activities. Mental disabilities encompass any mental or psychological disorder that limits a major life activity.  

FEHA specifically includes conditions such as HIV/AIDS, hepatitis, epilepsy, diabetes, multiple sclerosis, and heart disease as protected disabilities. The law also protects individuals with “medical conditions,” which means either cancer-related health impairments or genetic characteristics that are known to cause or increase the risk of developing a disease or disorder.  

The Act creates an affirmative duty for employers to provide reasonable accommodations for employees with disabilities, even when the employee has not specifically requested accommodation, if the employer is aware of the disability. This proactive approach ensures that employees receive necessary support without having to navigate complex request procedures. 

FEHA’s enforcement operates through the California Civil Rights Department, providing accessible avenues for employees to seek redress for violations. The remedial framework under FEHA is designed to eliminate the adverse effects of unlawful employment practices comprehensively, recognizing that effective civil rights enforcement requires not just individual remedies but systemic changes to prevent future violations. 

The law’s protections are independent from and often broader than federal laws. The Legislature has stated that “although the federal act provides a floor of protection, this state’s law has always, even prior to passage of the federal act, afforded additional protections.” This demonstrates California’s leadership in civil rights protections and its commitment to ensuring that all workers can pursue their careers free from discrimination.