Fair Employment and Housing Act

Prohibited Employment Practices

The Fair Employment and Housing Act specifies:
* Prohibits discrimination in all aspects of employment including hiring, termination and terms and conditions.
* Prohibits harassment of employees or applicants and requires employers to take all reasonable steps to prevent harassment from occurring.
* Requires that all employers provide information to each of their employees describing the forms of sexual harassment, its illegality, the internal and external complaint processes and legal remedies.
* Requires employers to reasonably accommodate employees or job applicants with disabilities in order to enable them to perform the essential functions of the job.
* Requires employers to provide leaves of up to four months to employees disabled because of pregnancy or childbirth.
* Requires an employer to provide reasonable accommodations requested by an employee, with the advice of her health care provider, related to her pregnancy, childbirth, or related medical conditions.
* Requires employers of 50 or more persons in a 75 mile radius to allow eligible employees to take up to 12 weeks leave in a 12-month period for the birth of a child, the placement of a child for adoption or foster care, for an employee's own serious health condition, or to care for a parent, spouse, or child with a serious health condition. (Employers are required to post a notice informing employees of their family and medical leave rights.)
* Requires employment agencies to serve all applicants equally; to refuse discriminatory job orders; to refrain from prohibited pre-employment inquiries or advertising.
* Prohibits discrimination by unions in membership or employment referrals.
* Prohibits retaliation against any person who has filed a complaint with the Department, participated in a Department investigation or opposed any activity prohibited by the Act.
The law provides for a variety of remedies, which may include:
* Hiring
* Back Pay
* Promotion
* Reinstatement
* Cease and Desist Orders * Damages for Emotional Distress
* Reasonable Attorneys Fees and Costs
* Expert Witness Fees
* Administrative Fines and Court Ordered Punitive Damages
Persons who believe they have experienced employment discrimination may file a DFEH complaint. Complaints must be filed within one year from the date of the alleged discrimination.
Persons wishing to file a lawsuit directly in court must obtain a "right-to-sue" from DFEH.
For information on this process, call The Law Office of Steven Kesten: 415-457-2668.