Fair Employment and Housing Act (FEHA)

What FEHA is

The Fair Employment and Housing Act (Government Code section 12900 and following) is California's civil rights statute for employment and housing. In employment, it bars discrimination based on protected characteristics such as race, religion, national origin, disability, medical condition, sex, gender identity, age, sexual orientation and veteran status (Government Code section 12940(a)), along with harassment and retaliation.

The rule and its deadlines

Most FEHA provisions apply to employers regularly employing five or more people (Government Code section 12926(d)). The harassment provisions apply to employers of one or more (section 12940(j)(4)(A)). Before suing, the employee must file a complaint with the Civil Rights Department within three years of the unlawful practice (Government Code section 12960(e)) and obtain a right-to-sue notice. The civil action is then due within one year of the notice (Government Code section 12965(c)).

Why it matters to a plaintiff firm

FEHA is the backbone of most California employment cases. The procedure is the risk. The CRD complaint, the right-to-sue notice and the one-year filing deadline each have to be tracked, and the facts and parties in the CRD complaint limit what can be sued on. See the FEHA right-to-sue deadlines guide and the employment intake screening guide.