In addition to the federal protections afforded to employees under such acts as the Civil Rights Act, the Fair Labor Standards Act (FLSA), and the Family and Medical Leave Act (FMLA), California offers enhanced protections for workers. California’s employment laws are among the most comprehensive in the United States, significantly exceeding federal requirements. In California, the Fair Employment and Housing Act (FEHA) provides robust workplace protections for employees, with legal remedies available for workers who’ve experienced a violation of their rights.
What Is FEHA?
FEHA’s protections are explained under California Government Code Section 12900-12976. These protections include employee safeguards against discrimination, harassment, and wage-and-hour violations.
Protection Against Discrimination Under the California Fair Employment and Housing Act
FEHA prohibits discrimination in California’s housing practices, during hiring, and in the workplace against members of protected classes, including on the basis of race, sex, sexual orientation, religion, country of origin, age, pregnancy, or disability.
Protection Against Harassment and Hostile Work Environment
FEHA protects California employees against workplace harassment, including sexual harassment, verbal threats, intimidation, or a hostile work environment, and against discrimination or retaliation against an employee who asserts their legal rights or reports an employer’s illegal activity (whistleblowing).
Protection Against Wrongful Termination
Although California is an “at-will” state, allowing employers or employees to terminate employment at will, an employer cannot terminate an employee for exercising their legal right to protection under FEHA and federal laws, or for whistleblowing.
Legal Remedies for FEHA Violations
When a California employer violates an employee’s legal protections under FEHA, the employee has the right to file a claim. Civil claims for FEHA violations seek to make the employee “whole again” and to deter the employer from repeating the wrongful conduct. A successful claim results in resolutions that align with the client’s goals, including compensation for financial losses, and often compensatory damages for emotional distress, humiliation, and reputational damage. Punitive damages may be awarded for an employer’s particularly egregious or malicious actions. Punitive damages act as an added deterrent to the employee rather than as compensation for the employee’s losses, but they are awarded to the employee.
In some cases, legal remedies for FEHA violations can include non-monetary measures or “equitable relief,” such as reinstatement or a previously denied promotion. Depending on the circumstances of the violation, an employer may be required to undergo anti-discrimination training or to change workplace policies that violate FEHA.
Does FEHA Apply to All California Employers?
FEHA protections apply to almost all employers in California. Employers with five or more employees on a regular basis must carefully avoid discrimination in their hiring policies as well as in the workplace. The law applies to both public and private employers, unemployment offices, and labor organizers. FEHA applies protections to all applicants and employees. Exceptions commonly apply to religious organizations and non-profit companies. Employers must avoid discrimination and maintain a work environment that’s free from harassment. Employers with five or more employees must also provide sexual harassment awareness training for company managers and supervisors.
How Can a California Employment Lawyer Help?
Legal claims against employers who violate the state’s employment protections can quickly become complex, requiring careful handling, compelling evidence, and strong legal representation.
If an employer violated the rights guaranteed to you under the California Fair Employment and Housing Act, you deserve assertive legal action and a strategy to maximize your chances of a result that meets your goals. Contact the California employment attorneys at Sparrow Law Group for representation that gets results.