FEHA and Common Employer Mistakes Explained by a CA Employment Lawyer | Termination Violations

What is the FEHA? Our employment lawyer, Alysha Zapata, Esq., explains California’s Fair Employment and Housing Act (FEHA), and discussed three (3) common employer mistakes/violations in this informative video.

The FEHA is a California state law that protects employees against workplace discrimination, harassment, and retaliation.
1. FEHA applies to public and private employers, non-profits, labor organizations, and employment agencies.
2. FEHA is applicable for employees and applicants.
3. FEHA is the primary law that provides employees with protection from discrimination, retaliation, and harassment in employment. 

All employment provisions of the FEHA anti-discrimination provisions apply to all employers with five or more full-time or part-time employees. The FEHA's anti-harassment provisions apply to ALL employers, regardless of the number of employees.

Protected classes of employees are
Race (including traits historically associated with race, including but not limited to, hair texture and protective hairstyles)
- Religious creed (includes religious dress and grooming practices)
- Color
- National origin (includes language use and possession of a driver's license issued to persons unable to prove their presence in the United States is authorized under federal law)
- Ancestry
- Physical disability
- Mental disability
- Medical condition (including HIV/AIDS, cancer, and genetic characteristics)
- Genetic information
- Marital status
- Sex/gender (includes pregnancy, childbirth, breastfeeding, and/or related medical conditions)
- Gender, gender identity, gender expression
- Age
- Sexual orientation
- Military or veteran status

Alysha also talked briefly about the lactation accommodation law provision.

Per Alysha, the three (3) common employer mistakes or FEHA violations for discrimination under this California FEHA law are:
1. Disability-related lawsuits. Consult with an attorney; don’t assume something is a disability or not.
2. Not taking complaints seriously; provide accommodation and offer light duty if necessary.
3. Terminating an employee after he or she exhausts their FMLA or CFRA leave time; terminating an employee after they return from their leaves.

An employee can file a claim within three years of the date of the FEHA violation. Having a solid policy in writing s the best way to protect your organization. If you have any questions or need assistance with FEHA or your policies, please contact us at (818) 986-7561.

Landegger Verano & Davis, ALC is an employment law firm exclusively representing employers and business owners. Our employment lawyers specialize in employment & labor laws. We have extensive experience in defending employers and assisting our clients in avoiding costly litigation. Committed to making the workplace better, we have comprehensive resources to train and educate employers on employee classification, wage-and-hour issues, sexual harassment prevention, discrimination prevention, drafting comprehensive and legally compliant employee handbooks, and more. Check out our informative training and educational videos on some of the latest development in employment laws for business owners, managers, and human resources professionals to avoid employee lawsuits. Headquarter based in Encino, Landegger Verano & Davis, ALC has two satellite offices in Pasadena and Camarillo, providing employment law services to employers and business owners throughout the greater Los Angeles areas, San Fernando Valley, and Ventura Counties, as well as throughout all of Southern California. Contact us at (818) 986-7561 or visit our website at www.landeggeresq.com for more information.

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