California Fair Employment and Housing Act (FEHA)

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

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. 

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

We’ve actually mentioned the California Fair Employment and Housing Act (FEHA) earlier.

The FEHA contains the definition of a supervisor that we used to determine who should take the supervisor training course versus who should take the non-supervisory training course:

A person qualifies as a supervisor for purposes of the California Fair Employment and Housing Act (FEHA) if they had the discretion and authority to: 

• (a) hire, transfer, promote, assign, reward, discipline, or discharge other employees, or effectively recommend any of these actions;
• (b) act on the grievances of other employees or to effectively recommend action on grievances; or
• (c) direct the claimant’s daily work activities.

What FEHA Covers

FEHA prohibits discrimination in employment based on:

• race or color

• religion

• national origin or ancestry

• physical disability

• mental disability or medical condition

• marital status

• sex or sexual orientation

• age (over 40 years old)

• pregnancy, childbirth, or related medical conditions

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.