California Fair Employment and Housing Act (FEHA)

We’re now turning from federal law to state law, and to one very important California law in particular.

What FEHA Covers

The California Fair Employment and Housing Act (FEHA) prohibits discrimination in employment as well as harassment across a very broad range of protected categories. 

Generally speaking, the standards set forth by the State of California are more stringent than the federal standards regarding sexual harassment.

The FEHA prohibits discrimination in employment based on:

♦ race or color

♦ religion or “creed”

♦ national origin or ancestry

♦ physical disability

♦ medical condition

♦ mental disability

♦ sex or sexual orientation

♦ gender identity or gender expression

♦ marital status

♦ pregnancy, childbirth, or related medical conditions

♦ age (over 40 years old)

♦ reproductive decision-making (as of January 1, 2023)

♦ bereavement/having taken bereavement leave (as of January 1, 2023)

Other California laws additionally prohibit discrimination based on:

♦ genetic information

♦ military or veteran status

The FEHA also contains a very narrow exception for certain religious non-profits depending on how they are organized, incorporated, and operated.

The sexual harassment prevention training requirement of the FEHA applies to companies with five or more workers, BUT:

the anti-discrimination portions of the FEHA apply to employers with as few as one worker. 

There’s more.

By its language, the FEHA also applies to any person or entity who/that:

♦ coerces a discriminatory act

This is very broad language.

It means that the FEHA applies to third parties like customers and vendors.

So companies need to stay aware of and take steps to prevent sexual harassment by customers and vendors, as well.

There’s STILL more.

The FEHA also prohibits retaliation against anyone who opposes behavior forbidden by the Act or who files a complaint, testifies, or assists with proceedings under the FEHA.

This means that whistleblowers have protections.

We’ll go into this further in a later lesson.

Harassment claims brought under the FEHA are investigated by the California Department of Fair Employment and Housing (DFEH). 

Ready to move forward in the course?

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©2023 Required Training Solutions.  All Rights Reserved.

Ready to move forward in the course?

First, tap or click the Understood check mark button in the center windowsill.

Next, tap or click the Next Lesson right arrow in the right windowsill.

©2023 Required Training Solutions.  All Rights Reserved.