The California Fair Employment and Housing Act (FEHA) Explained

The California Fair Employment and Housing Act (FEHA) is a crucial piece of legislation aimed at protecting individuals from discrimination in housing and employment. Enacted in 1959, FEHA prohibits discrimination based on various characteristics including race, color, national origin, sex, disability, and religion, among others.

One of the significant aspects of FEHA is its broad definition of what constitutes discrimination. It covers not only direct discrimination but also policies and practices that may disproportionately affect certain groups. This includes hiring practices, promotions, wages, as well as housing access and terms.

FEHA applies to a wide array of employers, including private companies, state and local governments, and some non-profits. Employers with five or more employees are subject to FEHA regulations regarding employment discrimination. In terms of housing, the Act applies to most landlords, real estate agencies, and financial institutions.

Individuals who feel they have been subjected to discrimination under FEHA can file a complaint with the California Department of Fair Employment and Housing (DFEH). The process begins with the filing of a complaint, which the DFEH investigates. If discrimination is found, the DFEH may help mediate a resolution or may issue a right-to-sue letter, allowing the individual to take legal action in court.

FEHA also includes provisions for reasonable accommodation for individuals with disabilities. Employers and housing providers are required to engage in an interactive process to determine appropriate accommodations to enable individuals with disabilities to perform their job or access housing.

Additionally, the law emphasizes retaliation protection. It forbids retaliation against individuals who file complaints or participate in investigations regarding discriminatory practices. This encourages more people to come forward without fear of losing their jobs or housing opportunities.

Another important feature of FEHA is its provisions related to sexual harassment. The law mandates that employers take appropriate steps to prevent and address harassment in the workplace, ensuring a safe working environment free from unwelcome advances and inappropriate conduct.

To further strengthen protections, FEHA has been amended over the years to expand the list of protected characteristics and incorporate issues like familial status and gender identity. These amendments aim to adapt to the evolving societal norms and ensure comprehensive coverage for all individuals.

In summary, the California Fair Employment and Housing Act is a vital legal framework that contributes to fostering equality in both employment and housing contexts. Understanding FEHA can empower individuals facing discrimination and help businesses operate within the law while promoting diversity and inclusion.