California\u2019s Fair Employment and Housing Act (FEHA) is one of the best anti-discrimination laws in the country, and it is more protective than the federal laws. The FEHA prohibits discrimination and harassment because of a person\u2019s race, color, national origin, sex, gender, gender expression, gender identity, sexual orientation, ancestry or age. It also prohibits discrimination because of a person\u2019s physical disability or their mental condition as long as these will not interfere with their safety or the safety of others in the workplace. The FEHA also prohibits the denial of housing for these discriminatory reasons.<\/p>\n
The FEHA also prohibits the denial of medical leaves, and family care leaves, or pregnancy disability leaves.<\/p>\n
Employees cannot be fired in retaliation for protesting discrimination prohibited by the FEHA. Employees of tax-supported institutions cannot be fired for reporting abuse of any patient.<\/p>\n
The FEHA deals strongly with sexual harassment. The Act defines sexual harassment as unwanted sexual advances, suggestions about a sexual encounter, or verbal, visual or physical conduct that is sexual in nature. Many forms of offensive behavior are included in this definition. An essential element of this definition is any verbal statement or act that a person finds to be sexual harassment is, in fact, considered to be sexual harassment. Gender-based harassment of a person who is the same sex as the perpetrator is also prohibited. The FEHA has strong enforcement powers and the ability to file a civil suit on behalf of the person harassed.<\/p>\n
All employees must be given a pamphlet approved under the provisions of the FEHA about sexual harassment prevention. Employers with 50 or more employees must provide a two-hour class on preventing sexual harassment in the workplace. This website will explain more about the sexual harassment provisions of the FEHA: www.dfeh.ca.gov\/Publications_StatLaws_SexHarrass.htm<\/p>\n
Employees who believe their rights under the FEHA have been violated may file a private lawsuit if they have exhausted the administrative remedies provided by the Department of Fair Employment and Housing. Complaints of discrimination must be filed with the Department within one year of the act which is alleged to be discriminatory. If an employee was under the age of 18 when the alleged act occurred, then they have one year following their 18th birthday.<\/p>\n
The Department has broad enforcement powers and remedies for violations of the ACT. It can adopt and promulgate procedural rules and regulations to carry out investigations, prosecution and develop dispute resolution processes in pursuit of its responsibilities.<\/p>\n
The Department can initiate civil suits where it believes such action is appropriate to achieve the necessary resolution of a problem or condition. The Department can also enlist the services of the Administrative Hearings Office.<\/p>\n
The ACT stipulates that its provisions are to be interpreted liberally which reinforces the ACT’s intention to protect the citizens from harmful practices.<\/p>\n
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.<\/p>\n","protected":false},"excerpt":{"rendered":"
California\u2019s Fair Employment and Housing Act (FEHA) is one of the best anti-discrimination laws in the country, and it is […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[83],"tags":[],"class_list":["post-2794","post","type-post","status-publish","format-standard","hentry","category-fair-employment-and-housing-act"],"acf":[],"yoast_head":"\n