In California, the State uses various tools and laws, one being FEHA, to discourage and prosecute certain forms of harassment and discrimination. Part of the power to help California employees find fairness comes from the Fair Employment and Housing Act – FEHA. This law applies to employers of 5 or more employees and to people leasing properties.
Here are Two things to know about FEHA.
1. Employers and Landlords Cannot Discriminate Using Advertisements
Whether you are looking for a job or looking for a place to call home, potential employers nor those who sell, rent, or lease property can advertise in such a way as to discriminate against potential applicants. Two Examples:
- A male dentist cannot advertise that only females may apply to open positions within his practice.
- A rental advertisement cannot request that applicants be English-speaking or that English be their first language.
These are just two examples of discriminating advertisements. Many think discrimination begins during the application process, but both of these examples begin before a person applies. They limit the options to all who may be qualified by dictating that only a segment is eligible.
2. The FEHA Helps to Protect Against Discrimination During the Hiring Process, Transfer of Work Location, and When Being Promoted
One object of the FEHA is to prevent discrimination in situations where two applicants are similarly qualified, but one is white, and the other is not.
Race, color or any of the protected classifications cannot be part of determining pay rate, promotion, or choosing where employees work. An employer cannot transfer a non-white person to a less favorable location simply because of race. California is now requiring employers to submit employment data so that state agencies and watchdog groups can begin monitoring potential discrimination at this level.
The prevention of other forms of Discrimination is also covered by FEHA. An employer cannot bar a similarly qualified employee from training or apprenticeship programs simply because of their race, age, heritage, sex, etc. The employer cannot create a situation where one employee is more qualified than another because they offered training to one gender or ethnicity over another.
In Sum, FEHA Works to Prevent Discrimination
- In the Form of Employment or rental advertisements
- During the Application process, screening process, or during interviews.
- Once the employee is hired, fired, or transferred including the separation of employees
- Through compensation or differing working conditions
- Through denial of access to company training or apprenticeships or during promotions.
In short, potential employees within the Golden State are protected before, during, and after they become employees.
All employers in California are subject to the rules and power issued under the FEHA. The exception can sometimes be employers with fewer than five employees. Further, an employer may not retaliate against or start harassing an employee for asserting their rights under California Law.
Contact DLaw Today If You’re Facing Discrimination or Harassment At Work
Learn more about your rights under California Labor Law by talking with an Employment Lawyer. Davtyan Law Firm serves the employees of California and can help you understand your rights as a worker in California. Call (818) 275-5799 today to schedule a free consultation.