California FEHA: A Guide to Workplace Discrimination and Employee Protections
The California Fair Employment and Housing Act, commonly called FEHA, is one of the state's central civil rights laws governing discrimination, harassment, retaliation, and certain accommodation obligations in the workplace.
FEHA applies throughout California, including workplaces in Los Angeles County. It covers a broad range of employment practices, from hiring and promotion to working conditions, compensation, discipline, and termination.
This guide explains what FEHA covers at a general level, which characteristics California law protects, how accommodation and retaliation fit into the statute, and how the California Civil Rights Department administers employment discrimination complaints.
Quick Answer: What Is California FEHA?
The Fair Employment and Housing Act is a California law that prohibits certain forms of employment discrimination, harassment, and retaliation based on protected characteristics. It also includes requirements relating to reasonable accommodation and the interactive process in qualifying circumstances.
The California Civil Rights Department is the state agency responsible for enforcing California's employment civil rights laws, including FEHA.
Who Does FEHA Cover?
For employment discrimination, FEHA generally applies to public and private employers with five or more employees, as well as certain labor organizations, employment agencies, apprenticeship programs, and other entities covered by the statute.
California treats harassment differently. According to the Civil Rights Department, harassment based on a protected characteristic is prohibited even in workplaces with fewer than five employees.
That lower California threshold is one reason state protections can apply in circumstances where particular federal employment discrimination laws may not.
Which Characteristics Are Protected Under FEHA?
California's Civil Rights Department currently identifies the following protected characteristics in employment:
- Race and color
- Ancestry and national origin
- Religion and creed
- Age for workers age 40 and older
- Physical and mental disability
- Sex and gender, including pregnancy, childbirth, breastfeeding, and related medical conditions
- Sexual orientation
- Gender identity and gender expression
- Medical condition
- Genetic information
- Marital status
- Military or veteran status
- Reproductive health decision-making
The current list and related guidance are available directly from the California Civil Rights Department's employment page.
What Employment Practices Can FEHA Affect?
FEHA can apply to employment decisions and working conditions across the employment relationship. CRD identifies areas that include:
- Job advertisements and recruiting
- Applications, screening, and interviews
- Hiring
- Transfers and promotions
- Compensation and other working conditions
- Training and apprenticeship opportunities
- Termination or other separation from employment
Whether a particular employment decision violates FEHA depends on the facts and the reason for the employer's action. An unfavorable decision is not automatically unlawful simply because an employee belongs to a protected group.
FEHA and Workplace Discrimination
Employment discrimination generally involves unfavorable treatment connected to a characteristic protected by law.
For example, issues involving race or national origin are covered separately in JLG Lawyers' race and national origin discrimination resources, while age-related issues are discussed on our age discrimination page.
Employees dealing with pregnancy-related treatment can also review our pregnancy discrimination information.
FEHA and Workplace Harassment
FEHA also prohibits harassment connected to protected characteristics.
Harassment is different from an ordinary workplace disagreement or difficult management style. The legal analysis generally focuses on whether the conduct was connected to a protected characteristic and on the nature and context of the conduct.
For a broader explanation, see JLG Lawyers' guide to workplace harassment and hostile work environments. Sexual harassment is covered separately on our sexual harassment page.
FEHA and Disability Accommodation
FEHA also addresses reasonable accommodation for qualifying physical and mental disabilities.
Depending on the employee's limitations and the job involved, accommodations can take different forms. Examples identified in California guidance can include schedule changes, leave, workplace modifications, adjusted duties, or other changes that allow an employee to perform the essential functions of a position.
The accommodation obligation is not unlimited. California law recognizes an undue-hardship limitation, and whether a particular accommodation is required depends on the circumstances.
Employees can read more about these issues on JLG Lawyers' medical and disability discrimination page.
What Is the Interactive Process?
California law also requires a timely, good-faith interactive process in qualifying accommodation situations.
The interactive process is generally a discussion between the employer and employee or applicant about work-related limitations and possible effective accommodations. The precise obligations depend on the situation.
FEHA and Religious Accommodation
FEHA also protects employees and applicants from discrimination because of religious creed and addresses reasonable accommodation of religious beliefs and observances.
Potential accommodations can vary depending on the workplace and may involve scheduling, dress or grooming practices, or other employment policies. Whether an accommodation is required depends on the particular circumstances and applicable legal standards.
FEHA and Retaliation
FEHA separately prohibits certain forms of retaliation connected to protected activity.
Protected activity can include opposing conduct prohibited by the statute or participating in certain complaint or investigation processes. A later negative employment action does not automatically establish retaliation; the reason for the action and the surrounding facts matter.
JLG Lawyers' California workplace retaliation page covers retaliation in more detail.
What Is the California Civil Rights Department?
The California Civil Rights Department, or CRD, is the state agency that administers and enforces California civil rights laws including FEHA.
The agency was previously known as the Department of Fair Employment and Housing, or DFEH. Older articles, employment policies, and court documents may therefore still use the DFEH name.
CRD accepts employment discrimination complaints, investigates qualifying complaints, offers dispute-resolution services, and in some matters may pursue enforcement litigation.
How Does the FEHA Complaint Process Work?
CRD's current process generally begins with submission of an intake form. The Department reviews the information and determines how the matter will proceed.
CRD explains its current process, filing methods, investigation procedures, and right-to-sue options on its official Complaint Process page.
This article does not recommend a particular filing strategy or describe which process is appropriate for an individual situation.
How Long Is the FEHA Complaint Deadline?
CRD currently states that, in general, an employment discrimination complaint must be submitted within three years of the alleged discriminatory act.
Older online materials may still refer to a one-year period because California's filing rules changed. Deadlines can depend on the claim and circumstances, so the current CRD guidance is the appropriate source for general filing information.
The official CRD complaint page contains the agency's current filing information.
What Remedies Can Be Available Under FEHA?
The remedies available depend on the type of matter and its outcome. CRD lists potential employment discrimination remedies that can include:
- Back pay
- Front pay
- Hiring or reinstatement
- Promotion
- Out-of-pocket expenses
- Policy changes or training
- Reasonable accommodation
- Emotional distress damages
- Punitive damages in qualifying circumstances
- Attorney fees and costs
Those are categories identified by CRD, not a prediction of what may be available in any individual employment dispute.
How FEHA Applies to Los Angeles Employees
FEHA is a statewide California law, so the same state employment protections generally apply to covered workplaces in Los Angeles County as elsewhere in California.
Los Angeles employees work across industries ranging from entertainment and healthcare to hospitality, logistics, retail, technology, and professional services, but FEHA's protected-characteristic framework does not change based simply on industry.
JLG Lawyers represents employees throughout California, including Los Angeles and surrounding communities.
Frequently Asked Questions About California FEHA
What Does FEHA Stand For?
FEHA stands for the California Fair Employment and Housing Act. In the employment context, it is a central California law governing discrimination, harassment, retaliation, and certain accommodation obligations.
How Many Employees Does a Company Need for FEHA to Apply?
FEHA's employment discrimination provisions generally apply to employers with five or more employees. California's harassment protections reach smaller workplaces as well.
Is DFEH the Same as CRD?
Yes. The California Department of Fair Employment and Housing was renamed the Civil Rights Department. Current state materials use CRD, while older materials may still refer to DFEH.
What Characteristics Does FEHA Protect?
California protects characteristics including race, color, ancestry, national origin, religion, age 40 and older, physical and mental disability, sex, gender, pregnancy, sexual orientation, gender identity and expression, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision-making.
Does FEHA Cover Workplace Harassment?
Yes. FEHA prohibits harassment based on protected characteristics. California's harassment protections also apply more broadly by workplace size than its employment discrimination provisions.
Does FEHA Cover Retaliation?
Yes. FEHA prohibits certain retaliation against people who engage in activity protected by the statute, such as opposing prohibited discrimination or participating in certain complaint processes.
How Long Do I Have to File a FEHA Complaint?
CRD currently states that employment discrimination complaints generally must be submitted within three years of the alleged discriminatory act. Different circumstances can affect deadlines, so current agency information should be checked rather than relying on older online guidance.
About JLG Lawyers
JLG Lawyers represents California employees in workplace matters involving discrimination, harassment, retaliation, wrongful termination, whistleblower issues, and wage-related disputes.
You can review JLG Lawyers' employment practice areas or book a free consultation.
This article provides general educational information about California employment law. It is not legal advice and does not determine whether FEHA applies to any particular person, employer, or workplace situation.