California Fair Employment and Housing Act

Employment Law

Understanding FEHA — California’s Anti-Discrimination Law

The Fair Employment and Housing Act (FEHA), Government Code sections 12900–12996, is the cornerstone of California’s civil rights protections in employment. Enacted in 1959 and strengthened repeatedly since, FEHA provides broader protections than any federal anti-discrimination statute—covering more workers, more protected classes, and offering stronger remedies with no caps on damages. At The Law Offices of Farris Ain, we use FEHA’s powerful provisions to hold employers accountable when they discriminate against, harass, or retaliate against California workers.

Protected Classes Under FEHA

FEHA prohibits employment discrimination, harassment, and retaliation based on more than 18 protected characteristics. If you belong to any of the following categories and have been treated unfairly at work because of that characteristic, you may have a FEHA claim:

• Race, color, and ethnic group identification
• National origin and ancestry
• Sex and gender
• Gender identity and gender expression
• Sexual orientation
• Age (40 years and older)
• Disability — physical and mental
• Medical condition (cancer-related or genetic characteristics)
• Genetic information
• Marital status
• Pregnancy, childbirth, and related conditions
• Religion and religious creed
• Military and veteran status
• Reproductive health decision-making
• Hair texture and protective hairstyles (CROWN Act)

What FEHA Prohibits

FEHA’s protections are comprehensive, covering virtually every aspect of the employment relationship. The statute prohibits:

• Discrimination in hiring, firing, promotions, compensation, job assignments, training, benefits, and all other terms and conditions of employment
• Harassment by supervisors, coworkers, or third parties (such as clients or vendors) based on any protected characteristic
• Retaliation against employees who oppose discrimination, file complaints, participate in investigations, or testify in proceedings
• Failure to accommodate — employers must provide reasonable accommodations for disabilities and sincerely held religious beliefs
• Failure to engage in the interactive process — employers must engage in a good-faith dialogue with employees who need accommodations
• Failure to prevent discrimination and harassment — employers have an affirmative duty to take reasonable steps to prevent and promptly correct discriminatory conduct

Employer Coverage and Thresholds

FEHA’s coverage is broader than most federal statutes, meaning more California workers are protected:

• 5 or more employees for discrimination and retaliation claims
• 1 or more employees for harassment claims — every California employer is covered
• Covers private employers, state and local government agencies, and labor organizations
• Independent contractors may be covered in harassment situations

By comparison, federal Title VII requires 15 or more employees, and the Age Discrimination in Employment Act (ADEA) requires 20 or more. This means FEHA protects millions of California workers who would have no recourse under federal law.

Filing a FEHA Claim: The CRD Process

FEHA claims are administered by the Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH). The process works as follows:

1. File a complaint with the CRD within three years of the most recent discriminatory act. You can file online, by mail, or in person.
2. The CRD may investigate your complaint, gathering evidence, interviewing witnesses, and requesting documents from your employer.
3. The CRD may offer mediation as an alternative dispute resolution option.
4. If the CRD finds sufficient evidence, it may attempt conciliation or file a civil action on your behalf.
5. Alternatively, you can request an immediate right-to-sue letter at the time of filing, which allows you to bypass the investigation and proceed directly to court with your own attorney.

The right-to-sue option is the most common path for employees with legal representation. It gives you full control over your case, your timeline, and your litigation strategy.

FEHA vs. Federal Law

For California employees, FEHA is almost always the stronger and preferred statute. Here is how it compares to the primary federal anti-discrimination laws:

• Employer threshold: FEHA covers employers with 5+ employees (1+ for harassment), vs. 15+ for Title VII and 20+ for the ADEA
• Protected classes: FEHA covers 18+ categories, vs. 5 under Title VII and fewer under other federal statutes
• Burden of proof: Under FEHA, the protected characteristic need only be a “substantial motivating factor”—a significantly lower bar than the federal “but-for” causation standard
• Damage caps: FEHA imposes no caps on compensatory or punitive damages, while Title VII caps combined damages at $50,000–$300,000 depending on employer size
• Filing deadline: 3 years with the CRD, vs. 180–300 days for EEOC charges
• Individual liability: Under FEHA, individual supervisors can be held personally liable for harassment—federal law generally does not allow this

Remedies Available Under FEHA

Employees who prevail on FEHA claims may recover:

• Back pay: All lost wages, bonuses, commissions, and benefits from the date of the adverse action to judgment
• Front pay: Future lost earnings when reinstatement is not practical
• Compensatory damages: Compensation for emotional distress, humiliation, anxiety, and mental anguish — no statutory cap
• Punitive damages: Additional damages to punish employers for malicious, oppressive, or fraudulent conduct — no cap
• Attorney’s fees and costs: Prevailing plaintiffs are entitled to recover reasonable attorney’s fees and litigation costs
• Injunctive relief: Court orders requiring reinstatement, policy changes, anti-discrimination training, or other corrective action
• Interest: Pre-judgment and post-judgment interest on all monetary awards

The absence of damage caps is one of FEHA’s most significant advantages. In cases involving egregious employer conduct, juries have awarded substantial compensatory and punitive damages that would be impossible under federal law.

Time Limits for Filing

You must file a FEHA complaint with the CRD within three years of the most recent discriminatory act. Under the continuing violation doctrine, if you experienced a pattern of ongoing discriminatory conduct, the deadline may be measured from the last act in the pattern rather than the first. Each new discriminatory act can restart the clock. However, these legal theories are complex, and waiting to file always creates risk. If you believe your FEHA rights have been violated, we strongly encourage you to contact an attorney as soon as possible to preserve your claims.

“FEHA gives California workers some of the strongest protections in the country. When employers violate those protections, we know how to use every tool the law provides to hold them accountable.”