Do you feel you have suffered an unlawful loss because of your employer? Do you live in California and did your employer have five or more (5+) employees at the time of the loss? California’s Fair Employment and Housing Act (also known as FEHA) outlines what is unlawful for employers to do to their employees in the state of California.
If you feel your employer has possibly violated a provision or code of FEHA, pick up the phone and call us immediately. We are here to help!
What is FEHA and the CFRA?
The Fair Employment and Housing Act (also known as FEHA) is California’s state statute that protects employees from unlawful actions of their employers. FEHA does not just apply to private workplaces, but also applies to public employers (such as state and local government within California), labor organizations (also known as unions), and employment agencies.
Under FEHA, employers with five or more (5+) employees cannot discriminate against neither employees nor job applicants because of any protected category. Employees under FEHA are also not allowed to retaliate against employees nor job applicants when they file complaints or reports of that employer’s misconduct.
FEHA covers claims such as:
• Employment discrimination
• Harassment
• Housing discrimination
• Retaliation (such as demotion or wrongful termination of persons who have been the victims of discrimination)
• Denial of medical leave or pregnancy leave
Harassment is covered under FEHA, even when the employer has less than five employees or the person experiencing the harassment is an independent contractor, volunteer, or unpaid intern that was doing work for the employer when the harassing conduct occurred. Sexual harassment training is mandatory for employers to give to all of their employees, and employers can be punished if they are believed to not be compliant with this rule.
The California Family Rights Act (also known as CFRA) is California’s state statute that protects employees’ jobs when the employee needs to care for themselves or a dependent, spouse, domestic partner, elderly family, or sibling that has a health condition which makes care necessary. Usually, health conditions under CFRA need to be verified by a doctor. Employees eligible for CFRA also have their job protected when they take leave to bond with their child within the first year of that child’s birth, placement in foster care, or adoption.
CFRA is usually more comprehensive and protective than FMLA, the federal Family and Medical Leave Act, but when an employee could be covered under either Act, they will be covered under the more protective Act.
CFRA also guarantees employees who work for employers with five or more (5+) employees leave for:
- Pregnancy
- Childbirth
- Any medical condition related to pregnancy
- Any medical condition related to childbirth
How We Can Help
If you have been the victim of illegal discrimination in violation of your rights under the Fair Employment and Housing Act, you must file a complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
Please note that the Statute of Limitations on a claim covered under FEHA holds an expiration date. This means that you will forfeit your right to bring forth this claim if you fail to file a suit prior to this date.
If you wish to pursue claims, depending on the type of claim, you may be required to file a complaint with the Department of Fair Employment & Housing (“DFEH”) (www.DFEH.ca.gov) within a specified period of the accrual date of your claims in order to reserve your right to bring state law discrimination claims against your employer. Alternatively, you also have a right to pursue a case with the Federal Equal Employment Opportunity Commission (EEOC) as an alternative to the DFEH, however, you must file with the EEOC within a specific time period from the date of the accrual of your claims. See http://www.eeoc.gov/youth/timelimits.html.
If you do not file with the DFEH or EEOC within these time periods, you may lose your right to pursue discrimination or harassment claims in state or federal court. In addition, if you have claims for non-payment of wages, please contact the Labor Commission (http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm) for more information. These claims also have applicable time limitations.
There may be additional state or federal agencies that require administrative review of your claims, which could limit or extend your time to file complaints, and other statutes of limitations running in your case, we suggest that you immediately contact counsel to advise you of your rights and liabilities.
If You Believe Your Employer Violated FEHA…
If you believe your employer or former employer has violated FEHA, reach out to our firm now for a free case evaluation. We are a California law firm that has the experience and employment law knowledge to help you seek justice for you. Contact us today to schedule a free legal consultation.