How the FEHA Protects California Employees
The Fair Employment and Housing Act (FEHA) is a landmark California state law providing comprehensive protections for certain employees against employment discrimination, harassment, and retaliation. Enforced by the California Civil Rights Department (formerly the Department of Fair Employment and Housing), the FEHA aims to promote fairness and equality in the workplace, safeguarding the rights of employees and job applicants.
The Fair Employment and Housing Act was originally enacted in 1959 and has since undergone several amendments to expand its scope and strengthen its protections. The law reflects California’s commitment to protecting employees from unfair treatment in the workplace.
Who is Covered by the FEHA?
The FEHA applies to employers and employment agencies. It covers:
- Employers: Those with five or more employees, whether they are full-time or part-time.
- Employment Agencies: Both public and private.
- Independent Contractors: Workers classified as independent contractors generally are covered and protected by the FEHA.
Who In Not Covered by the FEHA?
The FEHA has three (3) primary exceptions:
- Religious Association or Corporation: an employer that qualifies as a “religious association or corporation not organized for private profit” is exempt from the FEHA. In 2000, the FEHA was amended to limit the scope of the exemption. As a result of the amendment, health care facilities operated by a religious association or corporation that are not restricted to adherents of the religion are covered as “employers” of persons who perform non-religious duties.
- Nonprofit Public Benefit Corporation: The second exception provides that the term “employer” does not include a nonprofit public benefit corporation incorporated to provide health care on behalf of a religious organization with respect to employment of an individual of a particular religion in an executive or pastoral -care position connected with the provision of health care.
- Federal Government Employees: Federal employers are exempt from the Fair Employment and Housing Act. However, the State of California and any county, city, city and county, local agency, special district or political or civil subdivision of the state is subject to the Fair Employment and Housing Act, even if it has fewer than five employees.
Protections under the Fair Employment and Housing Act
The FEHA prohibits discrimination against employees based on the following protected categories:
- Race and Color: Discrimination based on race, color, or ancestry is prohibited.
- Religion: Protects employees from discrimination due to their religious beliefs or practices, including religious dress and grooming practices.
- Sex and Gender: Prohibits discrimination based on sex, gender, gender identity, gender expression, and pregnancy, including childbirth and related medical conditions.
- Sexual Orientation: Protects against discrimination based on sexual orientation, including sexual identity.
- Marital Status: Ensures that marital status does not affect employment opportunities.
- National Origin: Protects against discrimination based on national origin, including language restrictions and immigration status.
- Ancestry: Protects against discrimination based on familial ancestry.
- Age: Prohibits discrimination against individuals aged 40 and above.
- Disability: Ensures that individuals with physical or mental disabilities are not discriminated against and requires reasonable accommodations for disabled employees.
- Medical Condition: Protects individuals with certain medical conditions, including cancer and genetic characteristics.
- Genetic Information: Prohibits discrimination based on genetic information.
- Military and Veteran Status: Protects against discrimination due to military service or veteran status.
- Citizenship: Ensures protection against discrimination based on citizenship status.
- Primary Language: Protects employees from discrimination based on their primary language.
- Immigration Status: Ensures that immigration status does not lead to discrimination.
- Workplace Harassment: Prohibits harassment based on any of the protected characteristics listed above.
- Hostile Work Environment: Protects employees from a work environment that is hostile, intimidating, or offensive due to harassment.
- Retaliation Protection
- Retaliation: Prohibits retaliation against employees who engage in protected activities, such as filing a complaint, participating in an investigation, or opposing discriminatory practices.
The FEHA requires employers to provide reasonable accommodations to employees with physical or mental disabilities or those with religious beliefs that may affect their work. Here are the key aspects of this requirement:
- Disability Accommodation: Employers must engage in a timely, good-faith interactive process to determine effective accommodations that enable the employee to perform their essential job functions. This process involves:
- Initiation: The process begins when an employee requests an accommodation or the employer becomes aware of the need for one. Notice of the need for an accommodation can come from either direct communication with the employee, the employer’s observation of the employee in the workplace, or through notice from a third party, such as a “doctor’s note” from a healthcare provider.
- Assessment: Employers must assess the employee’s limitations and any and all potential reasonable accommodations that would enable the employee to perform the essential functions of the employee’s position. This might include requesting documentation to understand the restrictions and/or limitations resulting from the disability such as lifting restrictions, movement restrictions, or other physical restrictions recommended by the healthcare provider.
- Dialogue: Both parties must engage in a back-and-forth dialogue to explore various accommodation options. This ensures that both the employer’s operational needs and the employee’s requirements are considered.
- Implementation: The employer must implement a reasonable accommodation unless it poses an undue hardship on the business. Examples include providing assistive devices or accessible workspace, restructuring job duties, or granting leave. “Undue hardship” means the cost or complexity of the proposed accommodation is unwarranted considering the size and resources of the employer. Consequently, large international corporation will billions of dollars in annual revenue will normally be required to do more to accommodate a disabled employee compared to a small business with only a handful of employees and more modest annual revenue.
- Evaluation: Employers should periodically review the effectiveness of the accommodation and make necessary adjustments.
- Religious Accommodation: Similar to disability accommodations, employers must provide reasonable accommodations for employees’ religious beliefs and practices unless doing so would cause undue hardship. This includes:
- Religious Dress and Grooming: Allowing modifications to dress codes to accommodate religious attire or grooming practices.
- Religious Observances: Adjusting work schedules to allow employees to observe religious holidays or practices, such as prayer times.
Employers are expected to approach these accommodations with flexibility and creativity to ensure that employees can work effectively while honoring their religious beliefs and managing their disabilities.
- Leave and Benefits
- Pregnancy Disability Leave (PDL): Provides up to four months of leave for employees disabled by pregnancy, childbirth, or related medical conditions.
- Enforcing Employee Rights Under the FEHA
Employees that have been the victims of discrimination or harassment in violation of the FEHA potentially can file a legal claim against the employer based on the employer’s violation of the FEHA. Although the technical requirements of a civil lawsuit are beyond the scope of this blog post, employees are required to file an administrative claim with the California Civil Rights Department no later than three (3) years after the employer’s alleged violation of the FEHA. Once the employee files an administrative claim and receives a “Right to Sue” letter from the Civil Right Department, the employee has one (1) year to file a lawsuit in court based upon the alleged violation of the FEHA identified in the administrative complaint. Because the scope of the administrative complaint can limit the scope and viability of the employee’s subsequent lawsuit, employees always should seek legal advice from an experienced employment attorney before initiating the formal legal process.
Conclusion
The FEHA serves as a vital tool in promoting workplace fairness and equality in California. By understanding and exercising these protections, employees can help create a more inclusive and respectful work environment. If you believe your rights under the FEHA have been violated, contact the Ruggles Law Firm for a free, no-obligation consultation.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California and federal court. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
