The Fair Employment and Housing Act (FEHA) is a law in California that protects employees from discrimination in the workplace. It aims to ensure that everyone has equal opportunities, regardless of personal characteristics that are often used to judge people unfairly. This law applies to most employers in California and covers various aspects of employment, from hiring and promotions to firing and working conditions. FEHA is essential for creating a fair working environment where people are judged based on their abilities and performance rather than factors that are irrelevant to their job. At, The Myers Law Group, APC , we are here to guide you through the legal process and help you navigate the complexities of your case.
David P. Myers
Managing Partner
Adam N. Stern
Attorney
Ann Hendrix
Attorney
Robert Kitson
Attorney
Justin Crane
Attorney
Doug Smith
Attorney
Jason Hatcher
Attorney
Morgan J. Good
Attorney
Alvin Ferrara
Attorney
What is the Fair Employment and Housing Act?
The Fair Employment and Housing Act is a law that was put into place to stop discrimination in the workplace and in housing. In the workplace, it protects employees from being treated unfairly because of certain personal characteristics. These characteristics include race, color, religion, sex, gender identity, sexual orientation, national origin, ancestry, age (for workers over 40), physical or mental disability, medical condition, genetic information, marital status, and military or veteran status. This law makes it illegal for employers to make decisions about hiring, firing, promoting, or giving raises based on these factors. It is also illegal for employers to create a work environment that is hostile or unpleasant for employees because of these characteristics.
FEHA covers a wide range of employment situations. It applies not just to regular employees but also to job applicants, unpaid interns, and those who work through staffing agencies. The law also requires employers to take steps to prevent discrimination and harassment in the workplace. This means that if an employee reports discrimination, the employer has to investigate the claim and take action if necessary. By providing these protections, the Fair Employment and Housing Act aims to create a workplace where everyone has an equal chance to succeed.
Types of Discrimination Covered by FEHA
There are many types of discrimination that are covered under the Fair Employment and Housing Act. One of the most common types is racial discrimination. This occurs when an employee is treated unfairly because of their race or the color of their skin. It can include making offensive comments, giving different job assignments, or denying promotions based on race. Racial discrimination is illegal under FEHA, and employees have the right to report such behavior.
Another type of discrimination covered by FEHA is discrimination based on sex or gender. This includes treating someone unfairly because they are male, female, non-binary, or transgender. It can also include discrimination because someone does not conform to traditional gender roles. For example, if a woman is denied a promotion because her employer believes that men are better suited for management roles, this could be considered sex discrimination under FEHA.
Disability discrimination is another area that FEHA addresses. Employers cannot treat employees differently because of a physical or mental disability. For instance, if a person with a disability is denied a job despite being qualified for it, this could be a form of discrimination. Employers are also required to provide reasonable accommodations for employees with disabilities. This means making adjustments to the job or workplace to help the employee perform their duties. These accommodations might include providing special equipment or allowing flexible work hours.
Age discrimination is also prohibited under the Fair Employment and Housing Act, especially for employees over the age of 40. This type of discrimination happens when an employee is treated unfairly because of their age. An employer might make offensive comments about older workers, give them fewer responsibilities, or force them into retirement. Such actions are illegal under FEHA. The law ensures that older workers have the same opportunities as younger ones.
I had some issues with my employer. I called a couple of law firms. Some called back and some did not. When David Myers returned my call I found him to be down to earth and personable. He was cognitive about my issues and his knowledge of Labor Law was exemplary. My issues were addressed and handled to my satisfaction. I will recommend David Myers and his law group to anyone who asks. Thank you David.”
- Ken Fretter
The Meyers Law Group is definitely the lawyer’s you want. We got absolutely misguided by another attorney firm and Maria helped us out and got us taken care of. Maria will take the time to completely understand your case and her knowledge is well beyond the many firms we sat with.Do not! I repeat, Do not! Use another firm without talking to The Meyers Law Group first.Thank you Maria for getting us the results we were expecting."
- Koa G.
I have hired David Myers for 2 cases. The first was a wrongful termination based on my request for a reasonable accommodation under ADA law. The second case involved an employer who reneged on a written job offer/acceptance. In both cases, David was knowledgeable about the laws, presented the case well, and was supportive of me. We prevailed on both cases. I would recommend David without hesitation."
- Anonymous
How to File a Discrimination Claim Under FEHA
If you believe you have been discriminated against at work, you have the right to file a claim under the Fair Employment and Housing Act. The first step is to file a complaint with the California Civil Rights Department, which is responsible for investigating claims of discrimination. You must file the complaint within three years of the discriminatory action. If the complaint is about harassment, it must be filed within three years of when the harassment occurred.
After you file the complaint, the California Civil Rights Department will investigate the claim. They will look at the facts of the case and determine whether there is enough evidence to support your claim of discrimination. If they find enough evidence, they may try to resolve the issue through mediation, where both you and your employer can try to come to an agreement. If mediation does not work, the department may take legal action against the employer.
You also have the option to file a lawsuit against your employer in court. However, before you can do this, you must first obtain a “right to sue” notice from the California Civil Rights Department. This notice gives you permission to take your case to court. It is important to note that once you receive the notice, you have only one year to file a lawsuit. Filing a claim or lawsuit can be a complex process, and it is helpful to have legal assistance to guide you through it.
The Role of Employers Under FEHA
Employers in California have specific duties under the Fair Employment and Housing Act. They are required to take steps to prevent discrimination and harassment in the workplace. This includes creating and enforcing policies that prohibit discrimination and harassment. Employers must also provide training to their employees about what discrimination and harassment are and how to report it. In addition, if an employee reports discrimination or harassment, the employer must investigate the complaint promptly and take action to stop the behavior if necessary.
Employers are also responsible for making sure that their workplace is free from retaliation. Retaliation happens when an employer takes negative action against an employee for reporting discrimination or harassment. For example, if an employee reports that their manager made inappropriate comments, and then the employee is suddenly demoted or fired, this could be considered retaliation. Retaliation is illegal under FEHA. Employers must take steps to ensure that employees feel safe when reporting issues without fear of losing their job or facing other negative consequences.
Understanding the Impact of Discrimination Claims on Employees and Employers
Discrimination claims can have significant impacts on both employees and employers. For employees, experiencing discrimination can be distressing and affect their performance and mental health. Many employees feel isolated, anxious, or depressed after facing unfair treatment at work. This can lead to a decrease in job satisfaction and even cause employees to leave their jobs. Filing a claim under the Fair Employment and Housing Act can help employees stand up for their rights and seek justice for the wrongs they have experienced. It can also help bring awareness to the problem and lead to changes in the workplace that benefit other employees.
For employers, facing a discrimination claim can be a serious issue. It can damage the company’s reputation and lead to financial losses if the claim results in a lawsuit. Employers may be required to pay compensation to the employee if the court finds that discrimination occurred. The company may also have to make changes to its policies and provide additional training to its staff. This can be a costly and time-consuming process. However, handling discrimination claims properly and taking steps to prevent discrimination in the first place can help create a better work environment and protect the company from legal issues.
How Legal Help Can Assist With Discrimination Claims
Legal assistance can be very helpful for both employees and employers when dealing with discrimination claims under the Fair Employment and Housing Act. For employees, understanding their rights and knowing the best way to file a claim can be challenging. Having legal help can make the process easier and increase the chances of a successful outcome. A lawyer can help gather evidence, file the necessary paperwork, and represent the employee in court if needed. For employers, legal help can assist in defending against false claims and ensuring that the company complies with the law.
Employers may seek legal guidance to review their policies and training programs to make sure they are in line with the Fair Employment and Housing Act. They can also receive help in handling complaints internally before they turn into lawsuits. By taking these steps, employers can reduce the risk of facing discrimination claims and create a safer, more inclusive workplace. Legal help can provide both employees and employers with the support they need to navigate the complexities of discrimination claims and work towards a fair resolution.
If you or someone you know has faced discrimination at work, it is important to take action to protect your rights. Discrimination can have serious effects on your career, health, and well-being. At The Myers Law Group, APC, we are committed to helping employees understand their rights under the Fair Employment and Housing Act and fight back against unfair treatment. Our team is ready to listen to your situation and provide the legal guidance you need to seek justice. Contact The Myers Law Group, APC today for a consultation. We are here to help you take the first step toward a fair and equal workplace.