What Is FEHA? California's Fair Employment and Housing Act Explained Simply
You may have heard the word "FEHA" from an attorney, a coworker, or while searching for your rights after a difficult experience at work — and never been sure exactly what it means. This guide explains California's Fair Employment and Housing Act in straightforward language: what it covers, who it protects, and what it means for you.
What Does FEHA Stand For?
FEHA stands for the Fair Employment and Housing Act. It is California's primary civil rights law for employment and housing. The employment portion of FEHA (Government Code §12940 and related sections) prohibits:
- Discrimination in hiring, firing, pay, promotions, and working conditions
- Harassment based on protected characteristics
- Retaliation against employees who report discrimination or harassment
- Failure to accommodate disabilities or pregnancy
- Failure to engage in the "interactive process" for disability accommodations
Who Is Protected by FEHA?
FEHA protects employees, job applicants, unpaid interns, and volunteers from discrimination based on any of the following protected characteristics:
- Race, color, national origin, and ancestry
- Sex and gender (including pregnancy, childbirth, breastfeeding)
- Gender identity and gender expression
- Sexual orientation
- Religion and religious creed
- Age (40 and older)
- Physical disability and mental disability
- Medical condition (including cancer and genetic characteristics)
- Marital status
- Military and veteran status
Which Employers Does FEHA Cover?
Employers with 5 or more employees
FEHA's discrimination and harassment provisions apply to any employer in California with 5 or more employees. The sexual harassment prohibition extends to employers of any size — even a single-employee business.
FEHA vs. Federal Law: Why California Is Stronger
Many employees do not realize that California's FEHA gives them significantly more protection than federal anti-discrimination laws (like Title VII, the ADA, or the ADEA). Here's a quick comparison:
| Issue | Federal Law | California FEHA |
|---|---|---|
| Employer size threshold | 15+ employees (Title VII/ADA); 20+ (ADEA) | 5+ employees (1 for sexual harassment) |
| Filing deadline | 300 days (in California) | 3 years (AB 9, effective 2020) |
| Cap on damages | Yes — $300,000 maximum under Title VII | No cap — full compensatory and punitive damages |
| Attorney's fees | Available but discretionary | Mandatory for prevailing plaintiffs |
| Disability standard | Substantially limits a major life activity | Broader — limits a major life activity |
How Does FEHA Work in Practice?
Here is a simplified version of how FEHA claims usually unfold:
- Something happens at work — you are harassed, discriminated against, passed over for promotion, or fired for a reason connected to a protected characteristic.
- You file a complaint with the California Civil Rights Department (CRD) — formerly called the DFEH. This is required before you can sue. You have up to 3 years to file.
- The CRD investigates or issues a Right-to-Sue notice — you can request an immediate right-to-sue if you want to move faster.
- You file a civil lawsuit — with the right-to-sue notice in hand, you can sue in California Superior Court. You have 1 year from the notice to file suit.
- The case resolves — through settlement, mediation, or trial. Most cases settle before trial.
What Can You Recover Under FEHA?
- Lost wages — back pay and future lost earnings
- Emotional distress damages — compensation for anxiety, depression, humiliation, and mental suffering
- Punitive damages — when employer conduct was malicious, oppressive, or fraudulent
- Attorney's fees and costs — if you win, the employer pays your legal fees
- Injunctive relief — court orders requiring the employer to change practices or policies
Frequently Asked Questions
Do I need a lawyer to file a FEHA claim?
You can file with the CRD yourself without an attorney. However, employment lawyers handle the legal complexity, meet all deadlines, and typically take cases on contingency — meaning no upfront cost to you. Most successful FEHA plaintiffs are represented by counsel.
What if I was already let go? Can I still file?
Yes. FEHA claims do not require you to still be employed. If you were fired for a discriminatory reason or in retaliation for reporting harassment, you have the same 3-year window to file with the CRD.
What's the difference between the CRD and the EEOC?
The CRD is the California state agency that enforces FEHA. The EEOC is the federal agency that enforces federal laws (Title VII, ADA, ADEA). In most cases, filing with the CRD automatically cross-files with the EEOC, giving you protections under both systems.
My employer says what happened doesn't count as harassment. Are they right?
Employers often minimize or deny harassment. The legal standard is not what the employer says — it is whether a "reasonable person" in your position would find the conduct hostile, intimidating, or abusive. An attorney can give you an honest assessment.
I'm a contract worker, not an employee. Does FEHA cover me?
FEHA protections extend beyond traditional employees. Misclassified workers, certain contractors, interns, and volunteers may be covered depending on the nature of the working relationship. This is worth discussing with an attorney.
Know Your Rights Under FEHA — Before You Need Them.
The Eghbali Law Firm helps California workers understand and enforce their rights under FEHA. Call us — it costs nothing to ask.
(310) 909-8533 | Free Consultation →This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws change — please consult a qualified California employment attorney for advice specific to your situation.