California FEHA: An Employee's Summary of Workplace Legal Protections for Harassment, Discrimination, and Retaliation

Introduction

California workers are protected by some of the most robust employee rights laws in the country. The Fair Employment and Housing Act (FEHA) is a powerful legal shield that defends employees from discrimination, harassment, and retaliation in the workplace. Whether you have experienced inappropriate comments, been denied a promotion for unjust reasons, or faced punishment for speaking up, FEHA may offer a path toward accountability and justice. This article walks through how FEHA works and how it protects employees facing mistreatment on the job.

Understanding FEHA’s Scope and Purpose

FEHA is California's primary civil rights law for the workplace. It prohibits employers from treating workers unfairly based on specific personal characteristics, such as race, gender, disability, age (if over 40), religion, sexual orientation, marital status, and more.

It applies to public and private employers, labor organizations, and employment agencies. FEHA ensures that all employment decisions—hiring, firing, promotions, pay, assignments, and discipline—are made fairly and without unlawful bias.

FEHA also mandates that employers take reasonable steps to prevent discrimination and harassment. It holds employers accountable when they fail to act on known violations, or when their agents or supervisors are the source of the misconduct.

Discrimination in the Workplace

Workplace discrimination occurs when an employer takes an adverse action against an employee because of a protected characteristic. Common examples include terminating a worker based on age, refusing to accommodate a known disability, or demoting someone due to pregnancy. Discrimination doesn't have to be overt. Often, it's disguised as a legitimate business decision, but the underlying motive is based on bias.

In practice, courts look at patterns and timing. If a high-performing employee is suddenly terminated after disclosing a medical condition or after complaining about bias, these facts may raise an inference of discrimination. FEHA allows workers to bring claims when such patterns exist, even if the employer offers a neutral explanation.

Real-life cases show the reach of FEHA. In one instance, a nurse in her sixties was harassed about her age and disability and was fired shortly after requesting accommodations. The jury awarded her over $41 million, demonstrating how seriously California courts take these violations.

Harassment: Beyond Disrespect

Harassment under FEHA refers to unwelcome conduct that targets an employee based on a protected trait. This may include offensive jokes, comments, slurs, unwanted touching, or threats.

The law distinguishes harassment from isolated workplace friction. To be illegal, the behavior must either be severe or pervasive enough to interfere with the victim’s ability to work.

Hostile work environment claims are common under FEHA. These occur when ongoing mistreatment creates an abusive setting. For example, racial slurs written on walls, repeated sexual remarks, or cruel taunting about a disability may all qualify. Even a single severe incident, such as an assault or a violent threat, can be enough to trigger legal protection.

Employers are strictly liable for harassment by supervisors. When the harassment comes from a co-worker or even a customer, employers may still be liable if they knew or should have known and failed to act. That means reporting the issue matters—and so does how the company responds.

Retaliation: Protecting Those Who Speak Up

FEHA makes it unlawful to retaliate against employees who assert their workplace rights. Retaliation can take many forms, from firing and demotion to exclusion from projects or negative performance reviews. What matters is whether the adverse treatment followed a protected action, like reporting discrimination, requesting accommodations, or participating in an investigation.

Retaliation claims often arise when the original complaint goes ignored or unresolved. For instance, a worker who reports harassment and then gets demoted shortly after may have both a harassment and retaliation claim. Even if the underlying complaint isn’t proven, retaliation protections still apply as long as the employee acted in good faith.

A real-world example involves a bank employee who was fired after taking protected medical leave to care for her spouse. The jury found that her gender and caregiver status played a role in the decision and awarded her over $14 million in damages.

Employer Responsibilities

Under FEHA, employers are not only forbidden from discriminating or harassing—they must actively prevent it. That includes implementing clear policies, offering regular training, and ensuring employees know how to report problems. When complaints arise, employers must conduct timely and fair investigations. Failure to act can expose the company to liability, especially if the misconduct continues unchecked.

When harassment or discrimination is committed by someone in authority, the law holds the company directly responsible. Even with lower-level employees or third parties like customers, failure to address known problems can still make the employer liable.

Remedies and What Employees Can Expect

Employees who win FEHA cases can receive a range of remedies. These may include back pay, reinstatement to a former job, and compensation for emotional distress. In some cases, punitive damages are awarded to punish especially harmful behavior. Attorney’s fees and costs are also recoverable.

In cases involving sexual harassment, race-based abuse, or wrongful termination, jury verdicts can be significant. Some cases have resulted in multimillion-dollar awards, especially where the employer's actions were blatant or repeated over time. The goal of these remedies is to make the employee whole and to deter future misconduct.

Conclusion

California law offers strong protection for workers facing discrimination, harassment, and retaliation. The Fair Employment and Housing Act is designed to ensure that no one has to suffer mistreatment simply because of who they are or what they stand for. When employers fail in their duties, FEHA empowers employees to take action, seek justice, and restore fairness to the workplace.

If you believe you may have a valid claim against your employer concerning a California-based claim, please contact Bobby Benjy, Esq. at Benjy Law Corporation and ask for a free legal consultation. Bobby can be reached at (310) 203-2650.