Types of Protections:  Employers that are subject to the Fair Employment and Housing Act are prohibited from discriminating against any person with respect to hiring, firing, compensation, and virtually all terms, conditions, and privileges of employment. Thus, in the absence of a valid defense, such employers will be liable if they discriminate on the basis of any of the following: race;  color;  national origin; ancestry;  sex (including breastfeeding or medical conditions related to breastfeeding); gender (including a person’s gender identity and gender expression); pregnancy, childbirth, or related medical condition; marital status;  religious creed; physical disability;  mental disability;  medical condition (any […]

A Majority of Employers Are Covered The Fair Employment and Housing Act creates a comprehensive coverage to protect against employment discrimination by protecting and safeguarding the right and opportunity of all persons to seek, obtain, and hold employment free from discrimination. It requires employers to treat all individuals equally by evaluating each person on the basis of individual skills, knowledge, and abilities and not on the basis of characteristics generally attributed to a group protected by the law. Its monitored and enforced by the Department of Fair Employment and Housing (“DFEH”). The Department of Fair Employment and Housing is authorized […]

Remedies in Actions by the California Department of Fair Housing and Employment Remedies can include a requirement that the employer conduct training for all employees, supervisors, and management on the Fair Employment and Housing Act’s requirements, the rights and remedies of those who allege violations, and the employer’s internal grievance procedures. In addition, a court may assess against a defendant a civil penalty of up to $25,000 to be awarded to a person denied any right. (Section 51.7 of the Civil Code.32 (h)).  Exhaustion of Administrative Remedies The Fair Employment and Housing Act forbids unlawful employment discrimination and creates an […]

Although many California employers are subject both to Title VII and the Fair Employment and Housing Act, complaints alleging discrimination usually are examined separately under each law. The California Department of Fair Employment and Housing is charged with responsibility to receive, investigate, and conciliate complaints alleging discrimination either on a basis enumerated in the Fair Housing and Employment Act. Additionally, the department is charged with the responsibility to facilitate its power to investigate complaints.  The California Department of Fair Employment and Housing has the following authority:  To issue subpoenas to obtain the testimony of witnesses and the production of books, […]

The Equal Employment Opportunity Commission is a federal agency composed of five members, each of whom is appointed for a five-year term by the President. The Equal Employment Opportunity Commission is required to monitor compliance with and enforce Title VII and the Americans with Disabilities Act, two of the principal federal civil rights laws. To administer its responsibilities, persons alleging that an employer, an employment agency, or a labor organization has engaged in an unlawful employment practice file with the office. Form and Service of Charges:  In most cases, the Equal Employment Opportunity Commission is extremely open-minded in accepting charges. […]