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What is the FEHA and How Does It Protect Me at Work?

Updated: Sep 10

The Fair Employment and Housing act (“FEHA”) enforces state laws that make it illegal to discriminate against a job applicant or employee because of a protected characteristic.


What is a protected characteristic?

  • 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

  • military/veteran status


How else does FEHA protect employees?

  • It prohibits retaliation against a person who opposes, reports, or assists another person in opposing unlawful discrimination

  • It requires employers to reasonably accommodate a person’s religious beliefs and/or practices

  • It requires employers to reasonably accommodate a person’s disabilities

  • It requires certain employers to provide leave and/or reasonable accommodations for pregnancy, childbirth, or a related medical condition


Who does it protect?

  • Employees working for employers that employ five or more people in cases of discrimination or retaliation

  • Employees working for employers that employ even just one person in cases of harassment


Does citizenship or immigration status matter?

  • No. FEHA applies to California applicants and employees regardless of their citizenship or immigration status

  • The Department of Fair Employment and Housing ("DFEH") does not inquire about a complainant's citizenship or immigration status


Who is an employer?

  • Any public or private entity, labor organization, apprentice training program, employment agency, or licensing board

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