What Does Feha Stand For?

What is FEHA?

The Fair Employment and Housing Act (FEHA) is a California state law that prohibits discrimination and harassment in employment and housing based on various protected characteristics. FEHA provides extensive protections to individuals and applies to both private and public employers with five or more employees. The protected characteristics under FEHA include:

1. Race
2. Color
3. National origin
4. Ancestry
5. Religion
6. Sex (including pregnancy, childbirth, breastfeeding, and related medical conditions)
7. Gender (including gender identity and gender expression)
8. Sexual orientation
9. Marital status
10. Disability (both physical and mental)
11. Age (40 years or older)
12. Genetic information
13. Military or veteran status

Under FEHA, it is illegal for employers to discriminate against employees or applicants on the basis of any of these protected characteristics in hiring, firing, promotions, compensation, and other employment-related decisions. Additionally, FEHA requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would cause undue hardship to the employer.

FEHA also applies to housing, making it unlawful for housing providers to discriminate against individuals based on the above-listed protected characteristics when renting, selling, or financing housing. Please contact our employment litigation attorney for employers if an employee made a FEHA claim.

What is the difference between FEHA and the ADA?

California’s Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) are both significant pieces of legislation that aim to protect individuals from discrimination based on disability. However, there are some key differences between the two:

Applicability

• FEHA: Applies to employers with five or more employees in California, as well as housing providers and businesses that provide public accommodations in the state.
• ADA: Applies to employers with 15 or more employees across the United States and covers all state and local government agencies, employment agencies, and labor organizations. It also applies to businesses that provide public accommodations nationwide.

Protected Classes

• FEHA: Along with disability, FEHA covers a broader range of protected characteristics, including race, color, religion, sex, national origin, gender identity, sexual orientation, and more.
• ADA: The ADA specifically focuses on disability discrimination and does not address other protected characteristics.

Definition of Disability

• FEHA: Defines disability as a physical or mental impairment that limits a major life activity, medical condition, or genetic information.
• ADA: Defines disability as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.

Reasonable Accommodation

• FEHA: Requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless it causes undue hardship to the employer.
• ADA: Requires covered employers to provide reasonable accommodations to qualified individuals with disabilities, unless it causes undue hardship to the employer.

State vs. Federal Jurisdiction

• FEHA: Governed by the state of California and enforced by the California Department of Fair Employment and Housing (DFEH).
• ADA: Enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and applies nationwide.

Damages and Remedies

• FEHA: Provides for various remedies, including compensatory and punitive damages for emotional distress, as well as attorney’s fees and costs in successful cases.
• ADA: Provides for remedies such as back pay, reinstatement, and reasonable accommodations, but does not allow for punitive damages. However, in certain cases, compensatory damages may be available.

It is important to understand the specific requirements and regulations of both FEHA and the ADA if you are dealing with disability-related issues in California. Further, it is advisable to seek legal advice from a qualified attorney to ensure compliance with these complex laws.

What is the FEHA claims process?

The following is a helpful overview of the Fair Employment and Housing Act (FEHA) claims process in California:

Filing a Claim

The process begins by filing a complaint with the California Department of Fair Employment and Housing (DFEH). The complaint must be filed within the statute of limitations, which, as mentioned above, was extended to three years with the enactment of California Assembly Bill 9 (AB 9). You can file a claim with the DFEH online, by mail, or in person at one of their offices.

DFEH Investigation

Once the complaint is filed, the DFEH will review the allegations and conduct an investigation into the matter. During the investigation, the DFEH may request information and documentation from both the complainant (the individual who filed the claim) and the respondent (the employer or entity accused of discrimination or harassment).

Mediation (Optional)

In some cases, the DFEH may offer mediation as an option to resolve the dispute. Mediation is a voluntary process where both parties involved in the complaint meet with a neutral mediator to try to reach a mutually acceptable resolution. If mediation is successful, the case may be resolved without the need for further investigation or legal action.

Determination

After the investigation is complete, the DFEH will make a determination based on the evidence gathered. If the DFEH finds that there is sufficient evidence of discrimination, harassment, or retaliation, they will issue a “right-to-sue” letter to the complainant.

Right-to-Sue Letter

The “right-to-sue” letter gives the complainant the option to file a lawsuit against the respondent in court. The letter essentially grants the individual the right to pursue their claim outside of the administrative process. Once the “right-to-sue” letter is issued, the complainant generally has one year from the date of the letter to file a lawsuit in court.

Lawsuit (if applicable)

If the complainant decides to proceed with a lawsuit, they must file the appropriate legal complaint in a court of law. The case will then be resolved through the court’s legal process, and both parties will have the opportunity to present their evidence and arguments.

It is important to note that the FEHA claims process may involve complexities, and the timeline and procedures can vary based on the specific details of each case. It is advisable to contact an experienced employment law attorney for guidance as needed.

What kinds of damages can you receive from a FEHA claim?

In a Fair Employment and Housing Act (FEHA) claim, if an individual successfully proves that they were subjected to unlawful discrimination, harassment, or retaliation, they may be entitled to various forms of compensation, including economic and non-economic damages. In certain circumstances, punitive damages may also be awarded to the victim.

Economic Damages

Economic damages, also known as compensatory damages, are intended to compensate the victim for the financial losses they suffered as a result of the discriminatory or harassing conduct. Examples of economic damages in a FEHA claim may include:

• Back Pay: If the individual lost wages or benefits due to the discrimination, they may be entitled to receive compensation for the income they would have earned had the discrimination not occurred.
• Front Pay: In some cases, a victim may be unable to return to their previous job due to the discriminatory actions of the employer. In such instances, front pay may be awarded to compensate for future lost earnings.
• Medical Expenses: If the discriminatory conduct resulted in physical or emotional harm, the victim may be entitled to reimbursement for medical expenses related to the harm they suffered.

Non-Economic Damages

Non-economic damages are intended to compensate the victim for intangible losses that are more challenging to quantify in monetary terms. These damages aim to address the emotional distress and suffering caused by the discrimination or harassment. Examples of non-economic damages in a FEHA claim may include:

• Pain and Suffering: This refers to the emotional distress and psychological impact experienced by the victim due to the discriminatory actions, such as anxiety, depression, humiliation, and emotional anguish.
• Emotional Distress: Compensation may be awarded for the psychological harm caused by the discrimination, including any resulting trauma or mental health consequences.

Punitive Damages

Punitive damages, also known as exemplary damages, are not intended to compensate the victim but rather to punish the employer or responsible party for their egregious conduct and to deter similar behavior in the future. Punitive damages are only awarded in cases where the defendant’s actions are found to be particularly malicious, oppressive, or fraudulent.

The availability of punitive damages in FEHA claims is subject to certain limitations and requirements. In California, for instance, the law sets a cap on punitive damages based on the size of the employer’s workforce:

• For employers with 1-100 employees: The cap is $50,000.
• For employers with 101-200 employees: The cap is $100,000.
• For employers with 201-500 employees: The cap is $200,000.
• For employers with 501 or more employees: The cap is $500,000.

Notably, the availability and calculation of damages in FEHA claims can vary based on the specific circumstances of each case. Victims seeking compensation in FEHA claims are encouraged to consult with an experienced employment attorney to understand their rights, the potential damages they may be entitled to, and the appropriate legal steps to take.

How can an employment lawyer help employers with a FEHA claim?

An employment lawyer can play a crucial role in assisting employers with a Fair Employment and Housing Act (FEHA) claim in various ways. Let’s take a look at some of the ways an employment lawyer for employers can help:

Case Evaluation

An employment lawyer can evaluate the individual’s situation and assess the strength of their FEHA claim. They can determine if the claim has merit, identify potential legal violations, and advise on the best course of action.

Gathering Evidence

Lawyers can help gather relevant evidence to defend against the FEHA claim, such as documents, witness statements, emails, and other records that demonstrate discriminatory or harassing behavior.

Defending FEHA Claim

An employment lawyer can assist defending the FEHA complaint with the appropriate agency, such as the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).

Negotiation and Mediation

If the opportunity for mediation arises, an employment lawyer can represent the employer during negotiations with the worker to reach a settlement that addresses the claim satisfactorily.

Representing in Administrative Proceedings

If the DFEH or EEOC investigates the claim, the employment lawyer can represent an employer throughout the administrative process, including responding to inquiries and providing necessary documentation.

Defending Employer in Litigation

If the claim cannot be resolved through administrative proceedings or mediation, an employment lawyer defend an employer in a lawsuit in court and represent them throughout the litigation process.

Calculating Damages

Determining the appropriate compensation, including economic and non-economic damages, is a critical aspect of FEHA claims. An employment lawyer can help calculate the damages to ensure that the employer does not overpay.

Knowledge of Employment Law

Employment lawyers have a deep understanding of state and federal employment laws, including FEHA and other relevant regulations. This expertise allows them to navigate the complexities of the legal system effectively.

In short, an employment lawyer can provide essential legal counsel and advocacy throughout the entire FEHA claims process, protecting the employer’s rights.