Workplace Harassment / FEHA

Understanding the California Fair Employment and Housing Act: A Comprehensive Guide by Nassiri Law

At Nassiri Law, led by attorney Damian Nassiri, we are dedicated to protecting the rights of employees across California. One of the most important laws we work with is the California Fair Employment and Housing Act (FEHA). This comprehensive legislation provides robust protections against workplace discrimination and harassment.

What Is the California Fair Employment and Housing Act (FEHA)?

The FEHA is a state law that prohibits discrimination, harassment, and retaliation in the workplace. It applies to employers, labor organizations, employment agencies, apprenticeship programs, and any person or entity who aids, abets, incites, compels, or coerces the doing of a discriminatory act.

Major Protections Under FEHA

FEHA offers a wide range of protections to California employees. These include:

1. Discrimination: FEHA prohibits discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. If you believe you have been discriminated against based on any of these categories, our wrongful termination attorneys can help you understand your rights and options.
2. Harassment: The Act also prohibits harassment based on any of the aforementioned protected categories. This includes sexual harassment, which can take the form of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. If you have been a victim of workplace harassment, it’s important to consult with an experienced employment lawyer.
3. Retaliation: FEHA makes it illegal for employers to retaliate against employees who assert their rights under the law. This includes employees who file a complaint, participate in an investigation, or oppose discriminatory practices. If you have faced retaliation for standing up against discrimination or harassment, you may have a wrongful termination
4. Reasonable Accommodation: Employers are required to provide reasonable accommodations for employees with disabilities and for religious practices. This could include modifying work schedules, job restructuring, or providing assistive aids or devices.
5. Pregnancy Disability Leave: FEHA provides up to four months of job-protected leave for employees disabled by pregnancy, childbirth, or a related medical condition.

Types of Discrimination Prohibited by FEHA

FEHA prohibits several types of discrimination, including:

1. Employment Discrimination: This includes any adverse employment action based on a protected category, such as hiring, firing, promoting, demoting, compensating, or providing benefits.
2. Harassment: This includes any unwelcome conduct based on a protected category that creates a hostile, intimidating, or offensive work environment.
3. Retaliation: This includes any adverse employment action taken against an employee for asserting their rights under FEHA.
4. Failure to Accommodate: This includes an employer’s failure to make reasonable accommodations for an employee’s disability or religious beliefs.

Conclusion

The California Fair Employment and Housing Act is a powerful tool for protecting employee rights. If you believe you have been a victim of workplace discrimination, harassment, or retaliation, it’s important to seek legal advice. At Nassiri Law, we are dedicated to fighting for employee rights and holding employers accountable for their actions. If you need assistance, don’t hesitate to contact us at 949-375-4734 or visit our Wrongful Termination page for more information.

Remember, every case is unique and requires a personalized approach. Our team at Nassiri Law is ready to provide you with the legal guidance you need to navigate the complexities of FEHA and other employment laws. We are committed to ensuring that your rights are protected and that you receive the justice you deserve.