California Fair Employment and Housing Act
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The California Fair Employment and Housing Act (FEHA), codified as Government Code §§12900 - 12996, is powerful California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing.
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[edit] Scope
The FEHA is the principal California statute prohibiting employment discrimination covering employers, labor organizations, employment agencies, apprenticeship programs and any person or entity who aids, abets, incites, compels, or coerces the doing of a discriminatory act. It prohibits employment discrimination based on race or color; religion; national origin or ancestry, physical disability; mental disability or medical condition; marital status; sex or sexual orientation; age, with respect to persons over the age of 40; and pregnancy, childbirth, or related medical conditions. The FEHA also prohibits retaliation against for opposing any practice forbidden by the Act or for filing a complaint, testifying, or assisting in proceedings under the FEHA.
[edit] Purpose
Various individual states within the United States have anti-discrimination laws which sometimes differ from federal law; these laws are provided in addition to the federal law, and may offer more desirable avenues to victims of harassment and discrimination.
The FEHA offers protections that are similar and often more potent that those available under the federal counterpart, Title VII. These protections include, but are not limited to, attorney fee awards and reimbursement of certain case related expenses to prevailing plaintiffs. Additionally, well developed state law applies different and sometimes less stringent standards for meeting the criteria related to harassment, discrimination, and retaliation.
[edit] Examples
California law and the FEHA also allow for the imposition of punitive damages when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or consciously disregard prohibited conduct by lower-level employees in violation of the rights or safety of the plaintiff or others.
The California Court of Appeals opinion in the landmark sexual harassment case of Weeks. v. Baker & McKenzie is a good example of how the FEHA works to protect employees in California. Numerous other examples exist as well.
Many of the processes offered by FEHA may be used in addition to, or as an alternative to filing a lawsuit in court.
[edit] Process
Whether seeking an investigation under FEHA or a suit in court, the process usually begins with the victim filing an complaint of discrimination with the California Department of Fair Employment and Housing.
Other states within the United States also have laws prohibiting sexual harassment, discrimination, and retaliation.
