Understanding Rights Under the CA Fair Employment & Housing Act

San Francisco and Oakland are hubs of innovation and diversity. Our workforce drives some of the world’s most influential industries, ranging from tech giants to local startups. But even in a progressive region like the Bay Area, workplace discrimination and harassment remain unfortunate realities.

Employees often assume federal law is their only safety net. But California offers some of the strongest worker protections in the nation. The California Fair Employment and Housing Act (FEHA) provides broader coverage and more potent remedies than its federal counterparts. If you believe your employer maltreated you based on who you are, understanding FEHA is your first step toward justice.

At Geonetta & Frucht, LLP, we have spent decades defending the rights of workers across Northern California. We understand that standing up to an employer can be intimidating. Our goal is to ensure you understand your rights under the California Fair Employment and Housing Act.

What Is the California Fair Employment and Housing Act?

The California Fair Employment and Housing Act, as found in California Government Code sections 12900–12996, is the primary state law that prohibits discrimination and harassment in employment and housing.

While federal laws, such as Title VII of the Civil Rights Act, apply only to companies with 15 or more employees, the FEHA generally applies to California employers with five or more employees (Gov. Code § 12926(d)). This lower threshold means that many small businesses in San Francisco and Oakland, which are exempt from federal scrutiny, must still comply with state anti-discrimination laws.

Furthermore, the law’s harassment provisions apply to all employers, regardless of size. Even if you work for a company with only one employee, you have the right to a workplace free from harassment (Gov. Code § 12940(j)(4)(A)).

What Are Considered Protected Classes in California?

Under FEHA, employers cannot take adverse action against you—such as firing, demoting, or refusing to hire—based on your membership in a “protected class.” California law protects a broader range of characteristics than federal law.

Government Code section 12940 strictly forbids discrimination based on:

Race, color, national origin, or ancestry
Religious creed
Physical or mental disability
Medical condition (including cancer or genetic characteristics)
Marital status
Sex, gender, gender identity, or gender expression
Age (specifically 40 and older)
Sexual orientation
Military or veteran status

Employers also cannot discriminate based on a perception that you belong to one of these groups, or because you associate with someone who does.

What Are The Three Violations of The California Fair Employment and Housing Act?

FEHA violations generally fall into three categories: discrimination, harassment, and retaliation.

1) Discrimination

Discrimination occurs when an employer makes business decisions based on a protected characteristic rather than job performance. This includes hiring, firing, pay rates, job assignments, and promotions. If a qualified candidate in Oakland is rejected solely because of their age or religion, that is actionable discrimination.

2) Harassment

Harassment involves unwelcome conduct that creates a hostile work environment. This can be verbal (such as slurs or jokes), physical (including unwanted touching), or visual (like posters or emails).

Under California law, an employer is strictly liable if a supervisor engages in harassment of an employee. If a non-supervisor (like a coworker or client) harasses you, the employer is liable if they knew—or should have known—about the conduct and failed to take immediate corrective action.

3) Retaliation

You have the right to speak up. Government Code section 12940(h) makes it illegal for an employer to fire, demote, or mistreat you because you:

Opposed workplace discrimination or harassment.
Filed a complaint with the California Civil Rights Department (CRD).
Testified or assisted in a CRD investigation or lawsuit.
Requested a reasonable accommodation for a disability or religious belief.

Reasonable Accommodations and the Interactive Process.

California law places a specific burden on employers to support workers with disabilities. If you have a physical or mental disability that limits a significant life activity, your employer must provide a “reasonable accommodation” that allows you to perform your essential job duties, unless doing so causes them “undue hardship.”

Accommodation might include:

Altering work schedules.
Modifying equipment or furniture.
Providing medical leave.
Reassigning you to a vacant position.

When you request accommodation, your employer cannot simply say “no.” They must engage in a “timely, good faith, interactive process” to determine if an adequate accommodation exists (Gov. Code § 12940(n)). Failure to engage in this dialogue is, in itself, a violation of the law, even if no accommodation was ultimately possible.

Filing a Complaint: Timelines and Procedures.

Before you can file a lawsuit against your employer for FEHA violations, you must exhaust your administrative remedies. This typically involves filing a complaint with the California Department of Fair Employment and Housing (DFEH), now known as the California Civil Rights Department (CRD).

The Statute of Limitations.

You do not have unlimited time to act. Under current California law, you generally have three years from the date of the alleged discriminatory act to file a verified complaint with the CRD (Gov. Code § 12960). Once the CRD issues a “Right to Sue” notice, you generally have one year from that date to file a civil lawsuit in court.

Missing these deadlines can permanently bar you from recovering damages. Given the complexity of calculating these dates, particularly when a “continuing violation” occurs, consulting with legal counsel early is advisable and prudent from a legal standpoint.

Why FEHA Often Beats Federal Law.

For many workers in the Bay Area, pursuing a claim under state law offers distinct advantages over federal Title VII claims:

Uncapped Damages: Federal law places caps on compensatory and punitive damages based on the size of the employer. FEHA does not have statutory caps, which may allow for the full recovery of your losses.
Broader Definitions: FEHA’s definition of “disability” is broader than the federal Americans with Disabilities Act (ADA), making it easier for California employees to qualify for protection.
Local Venue: FEHA claims are often litigated in state superior courts (like those in San Francisco or Alameda County), which can be more accessible than federal courts.

We Fight for Bay Area Workers.

Schedule a Free Consultation With Our Employment Lawyers Today

Workplace disputes disrupt your livelihood and your peace of mind. You do not have to navigate these complex statutes alone.

With more than 50 years of combined experience, the award-winning attorneys of Geonetta & Frucht, LLP are recognized in the Bay Area for our dedication to civil litigation. We represent both plaintiffs and defendants, giving us a unique, 360-degree view of how employment cases are built and won. Whether you have been wrongfully terminated or are facing discrimination based on age, race, gender, or disability, we provide honest and aggressive representation to fight for the best possible outcome. If you believe your rights under FEHA have been violated, contact us immediately to discuss your options.

Contact us today to learn about your rights under the California Fair Employment and Housing Act.