An Overview of Employee Protections

Understanding California’s Fair Employment and Housing Act

California’s Fair Employment and Housing Act, commonly known as FEHA, stands as one of the most comprehensive and employee-protective civil rights laws in the United States. Found in California Government Code sections 12900 et seq., this landmark legislation serves as a cornerstone of workplace equality and anti-discrimination protections for millions of California workers. Understanding FEHA’s provisions is crucial for both employees and employers, as it often provides broader protections than federal civil rights laws. 

The Foundation and Purpose of FEHA 

The California Legislature enacted FEHA with a clear and compelling purpose: to provide effective remedies to eliminate employment discrimination in all its forms. The act 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” based on physical or mental disability and various other protected characteristics. This legislative intent reflects California’s commitment to creating workplaces free from discrimination and harassment. 

California’s Fair Employment and Housing Act significance extends beyond mere statutory compliance. The law 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. 

Comprehensive Coverage and Broader Protections 

One of California’s Fair Employment and Housing Act’s most important features is its expansive coverage compared to federal anti-discrimination laws. While the Americans with Disabilities Act applies only to employers with 15 or more employees, FEHA covers employers with five or more employees. This broader reach means that significantly more California workers enjoy protection from employment discrimination, filling gaps that federal law might leave open. 

California’s Fair Employment and Housing Act explicitly provides protections that 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.” For instance, under FEHA, a physical or mental condition need only “limit” a major life activity rather than “substantially limit” it as required under federal law. This distinction results in broader coverage for individuals with disabilities who might not qualify for federal protections. 

Protected Categories and Anti-Discrimination Provisions 

California’s Fair Employment and Housing Act (FEHA) prohibits discrimination against individuals based on numerous protected characteristics, including physical disability, mental disability, medical condition, sex, race, religion, and many others. The law’s approach to disability discrimination 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.  

The definition of disability under FEHA encompasses a wide range of conditions. 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 include any mental or psychological disorder that limits a major life activity. Importantly, FEHA specifically includes conditions such as HIV/AIDS, hepatitis, epilepsy, diabetes, multiple sclerosis, and heart disease as protected disabilities.  

Reasonable Accommodation Requirements 

California’s Fair Employment and Housing Act imposes significant obligations on employers to provide reasonable accommodations for employees with disabilities. Unlike some federal laws, FEHA creates an affirmative duty for employers to accommodate disabled workers, 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. 

The range of reasonable accommodations under FEHA is extensive, including making facilities accessible, job restructuring, offering modified work schedules, reassigning employees to vacant positions, providing equipment modifications, and allowing assistive animals in the workplace. Crucially, FEHA includes providing paid or unpaid leave as a reasonable accommodation, with no statutorily fixed duration limit, distinguishing it from other forms of statutory leave.  

Central to FEHA’s accommodation framework is the interactive process requirement. Employers must engage in a “timely, good faith interactive process” with disabled employees to determine effective reasonable accommodations. Failure to engage in this process constitutes a separate violation of FEHA, emphasizing the law’s commitment to collaborative problem-solving in accommodation situations. 

Anti-Harassment and Anti-Retaliation Protections 

California’s Fair Employment and Housing Act’s protections extend well beyond discrimination to encompass harassment and retaliation. The law makes it unlawful for employers to harass employees based on their protected characteristics, including medical conditions and disabilities. Employers bear responsibility for taking “all reasonable steps to prevent harassment from occurring” and face strict liability for harassment by supervisors.  

The anti-retaliation provisions of FEHA are equally robust. The law prohibits employers from retaliating against individuals who oppose conduct forbidden by FEHA, file complaints, or participate in proceedings regarding discrimination claims. Importantly, FEHA protects not only formal complaints but also informal opposition to discriminatory practices. The law recognizes that employees must feel safe to report violations without fear of reprisal. 

Enforcement Mechanisms and Remedies 

FEHA enforcement operates through the California Civil Rights Department, formerly known as the Department of Fair Employment and Housing. This administrative structure provides accessible avenues for employees to seek redress for violations. The enforcement scheme includes both administrative remedies and the right to pursue civil litigation after obtaining appropriate notice. 

The remedial framework under California’s Fair Employment and Housing Act is designed to eliminate the adverse effects of unlawful employment practices comprehensively. This approach recognizes that effective civil rights enforcement requires not just individual remedies but systemic changes to prevent future violations. 

Conclusion: California’s Fair Employment and Housing Act’s Continuing Importance 

California’s Fair Employment and Housing Act represents a landmark achievement in civil rights legislation, providing comprehensive protections that often exceed federal requirements. Its broad coverage, extensive accommodation requirements, and robust anti-retaliation provisions create a legal framework that genuinely protects employees from discrimination and harassment. For California workers, FEHA serves as both shield and sword – protecting against discriminatory treatment while providing meaningful remedies when violations occur. 

Understanding California’s Fair Employment and Housing Act protections empowers employees to recognize their rights and seek appropriate remedies when those rights are violated. As California continues to lead the nation in civil rights protections, FEHA remains a vital tool for ensuring that all workers can pursue their careers free from discrimination and with the accommodations they need to succeed. 

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California's Fair Employment and Housing Act, California's Overview of Employee Protections, Employee Protections, FEHA