In California, the Fair Employment and Housing Act (FEHA) provides employees protection from unlawful employment practices. Employers are subject to FEHA if they regularly employ five or more persons. Under FEHA, an employer may not take adverse action (discharge, suspend or demote, etc.) against an employee on the basis of discrimination or retaliation. FEHA also protects employees from harassment, failing to take all reasonable steps to prevent discrimination and harassment, and failing to make reasonable accommodations for a physical or mental disability or pregnancy.
The Fair Employment and Housing Act (FEHA), protects certain groups from discrimination on the following basis:
Federal laws addressing discrimination in the workplace are primarily set forth under Title VII of the Civil Rights Act of 1964 (Title VII). California’s FEHA, however, provides greater protection for employees than that provided by Title VII. For example, in addition to prohibiting the types of discrimination described in Title VII, FEHA prohibits discrimination on the basis of marital status. Furthermore, Title VII only applies to employers who employ 15 or more employees, while FEHA generally applies to employers with 5 or more employees.
The Leichter Law Firm, APC represents employees who have been discriminated against under FEHA and Title VII. An employee who believes that he or she has been discriminated against must prove that the discrimination occurred because the employee was a member of a protected class. If you believe you were wrongfully terminated or discriminated against because of your age, race, sex, religion, or national origin contact a Los Angeles employment law attorney today.
If you believe you have a claim under FEHA or Title VII, contact the Leichter Law Firm, APC located in Southern California; we pride ourselves on offering exceptional legal counsel to employees who feel they have been treated unfairly. Our office is located in the mid-Wilshire area, just west of downtown Los Angeles. Call 818-915-6624 or email us today.
FEHA is a California law that prohibits discrimination and harassment in employment based on certain protected characteristics, such as race, gender, disability, age, religion, and sexual orientation.
Title VII is a federal law that prohibits discrimination and harassment in employment based on similar protected characteristics as FEHA, such as race, gender, religion, and national origin.
To file a complaint under FEHA, you must submit a complaint with the Department of Fair Employment and Housing (DFEH) within one year of the alleged discrimination or harassment. To file a complaint under Title VII, you must submit a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days (or 300 days in some cases) of the alleged discrimination or harassment.
Both FEHA and Title VII provide similar remedies for victims of discrimination and harassment, including compensatory damages, back pay, front pay, and injunctive relief (i.e. requiring the employer to take certain actions to prevent future discrimination or harassment).
Prohibited conduct under both FEHA and Title VII can include refusing to hire or promote someone based on their protected characteristic, creating a hostile work environment based on a protected characteristic, and retaliating against someone for complaining about discrimination or harassment.
Yes, you can file a complaint under both FEHA and Title VII if you believe you have been the victim of discrimination or harassment based on a protected characteristic. However, it’s important to note that filing a complaint under one law does not automatically mean you have filed a complaint under the other law, and there may be different requirements and procedures for each law.
An attorney can provide valuable assistance when filing a complaint with the California Department of Fair Employment and Housing (DFEH) under the Fair Employment and Housing Act (FEHA). Your attorney will evaluate your case and outline expectations for your case. They will help you prepare the complaint by compiling the evidence, drafting the complaint, and ensuring it meets all the necessary requirements. Your attorney will also help you in the negotiation of your settlement.
Proving that you were discriminated against in the workplace can be challenging, but it is not impossible. You will want to make sure you have documented any discriminatory behavior keeping record of each incident. You will also want to keep any emails or performance evaluations that could help support your claim. You should also get witness statements from coworkers who have seen the discriminatory behavior.
