FEHA Explained for California Employees

Direct answer: The Fair Employment and Housing Act (FEHA) is California’s main workplace civil-rights law. It generally makes it illegal for covered employers to discriminate or retaliate because of protected characteristics, and it prohibits harassment based on those characteristics in all workplaces. Whether FEHA fits your facts depends on the employer’s size, what happened, and timing. MAGISA LAW represents employees.

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What is FEHA under California law?

FEHA is enforced by the Civil Rights Department (CRD). CRD’s employment guidance explains that state laws barring discrimination apply to business practices such as advertisements, applications and interviews, hiring, transfers, promotions, terminations, working conditions (including compensation), and participation in training or apprenticeship programs.

FEHA is broader than many people expect. It covers discrimination, harassment, retaliation for opposing unlawful practices, failure to provide certain disability and pregnancy accommodations, and related leave issues under statutes CRD also administers (including CFRA and pregnancy disability leave for covered employers). Our dedicated practice pages go deeper on each topic; this page is the hub for how FEHA works for employees.

Which characteristics does FEHA protect?

CRD lists protected characteristics that include race, color, ancestry, national origin, religion, creed, age (40 and over), disability (mental and physical), sex/gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity and gender expression, medical condition, genetic information, marital status, military or veteran status, and reproductive health decision-making.

Related pages: racial discrimination, age discrimination, disability discrimination & accommodation, pregnancy discrimination, sexual harassment, gender discrimination, LGBTQ workplace rights.

Which employers does FEHA cover?

CRD states that FEHA applies to public and private employers, labor organizations, apprentice training programs, employment agencies, and licensing boards. Employers of five or more are generally subject to FEHA’s prohibition against employment discrimination. Harassment based on a protected category is prohibited in all workplaces, even those with fewer than five employees (including workplaces with only one employee or an independent contractor on staff, per CRD). “Employer” under FEHA does not include the federal government or a non-profit religious association or corporation, subject to the limits CRD describes.

How do FEHA complaints usually proceed?

CRD’s employment FAQ states:

• A complaint of employment discrimination must generally be filed with CRD within three years from the date of the alleged discriminatory act.
• You must file a complaint with CRD even if you wish to file a case directly in court.
• You may request an immediate right-to-sue notice when you file.
• You generally cannot file an employment discrimination lawsuit in court without receiving a right-to-sue from CRD.
• CRD acts as a fact-finder during investigation and does not serve as your personal attorney.

Strict deadlines apply and can vary by claim type. Wage claims and certain Labor Code theories use different agencies and clocks—see unpaid wages and whistle-blowing.

What remedies may California law provide?

CRD lists remedies that state law may provide in employment discrimination matters, including back pay, front pay, hiring or reinstatement, promotion, out-of-pocket expenses, policy changes, training, reasonable accommodation, damages for emotional distress, punitive damages in appropriate cases, and attorney’s fees and costs. Whether any remedy is available—and in what amount—depends on the claim, the forum, the evidence, and defenses. No webpage can promise an outcome.

FEHA retaliation and related firings

Firing, demoting, or otherwise punishing someone for opposing discrimination or harassment, filing a complaint, or requesting certain accommodations or leave can raise retaliation issues under FEHA (including Government Code section 12940(h)). See workplace retaliation and wrongful termination.

What to gather before you call

1. A short timeline of what happened and who was involved
2. Emails, texts, write-ups, and performance reviews around the dispute
3. Any complaint you made to HR, a hotline, or an agency
4. Handbook excerpts, offer letter, and termination or demotion notices
5. Paystubs if pay, promotion, or hours are part of the story

Related MAGISA LAW pages

• Wrongful termination · Workplace retaliation
• Hostile work environment · Sexual harassment
• CFRA / FMLA leave · Fair Chance Act
• California employee rights — common questions
• Glendale employment lawyer · Contact

Free consultation with MAGISA LAW

MAGISA LAW invites employees to contact the firm for a free consultation to talk through your situation with an attorney. Call 888-818-1099, email hello@magisalaw.com, or use the contact page.

Consultations are available in English, Spanish, Armenian, and Russian with an attorney.

Fee and cost terms are discussed during the free consultation.

Office: 2550 Honolulu Ave, Suite 105, Glendale, CA 91020.

Frequently asked questions

What is FEHA?

FEHA is California’s Fair Employment and Housing Act. CRD enforces rules that make it illegal for covered employers to discriminate or retaliate based on protected characteristics, and that prohibit harassment in all workplaces.

Does FEHA apply to small employers?

CRD states that discrimination rules generally apply to employers of five or more employees, while harassment based on a protected category is prohibited in all workplaces, even those with fewer than five employees.

How long do I have to file a FEHA complaint?

CRD states that a complaint of employment discrimination must generally be filed within three years from the date of the alleged discriminatory act. Strict deadlines apply—call promptly.

Do I need a right-to-sue letter before court?

For many FEHA employment discrimination lawsuits, CRD states you must file with CRD and generally cannot file in court without a right-to-sue notice. You may request an immediate right-to-sue when you file.

Does immigration status matter for FEHA?

CRD states that FEHA applies to California workers regardless of citizenship or immigration status, and that CRD does not inquire about immigration status.