CA State Stt: FEHA

FEHA

  1. DFEH
    1. Reg. Adm. Agency
      1. Can issue accusation & prosecute before FEHC
  2. Protections
    1. Protected Class
      1. Race
      2. Relig.
      3. Ancestry
      4. Phys. & mental disability
      5. Med. condition
      6. Marital status
      7. Sex
      8. Anybody over 40
    2. Def's
      1. Ee not incl. working 4 parents, spouse, ch / nonprofit
      2. Er
        1. Anybody w/5 / more ee's / acting as er's agent but not nonprofit relig. org.
        2. Discrim. by mental disability, then must empl. 15 / more
        3. Harassment req's 1 / more ee's
        4. FMLA req's 50 / more ee's
      3. Med. condition is cancer
      4. Phys. disability = phys. handicap + track ADA
        1. Any physio. disease / cond. affecting body sys. + limit ability 2 partic. in maj. part of life's activity /
        2. Any other health impairment req'ing spec. ed. / rel'ed serv.'s /
        3. Having both 1 & 2 /
        4. Disease / condition not having present disabling effect but may B in future
        5. Broad 4 phys. handicap so any phys. prob. that's barrier 2 empl.
      5. Er's aff. defense 4 inability 2 rsbly accom. w/o undue hardship
        1. Look @ overall fin'al need, cost of accom., overall size of busi. w/respect 2 ee's, type of operation, & geog.
        2. Incorp. ADA law if fed. interp. more broadly
    3. Dif. From Fed.
      1. Er can rsbly reg. working spouses in same dept
      2. Can discrim. by health plans
      3. Veteran status protected
  3. FEHA Tracks Fed In Some Cases
    1. Mixed Motive Cases in Disp. Treatment
      1. One state ct. of appeals req. dir. evid. before proving mixed motive
  4. Proced.
    1. Must File W/in 1 Yr w/DFEH After C/A Accrues
      1. After 150 days, must issue rt 2 sue letter so that P has 1 yr. 2 file suit
      2. DFEH has 1 yr. 2 file accusation w/FEHC
    2. Er Can Remove 2 Ct if Damages Sought W/in 30 Days
    3. If Stay in FEHC
      1. Can seek jud'al rev. w/in 60 days after hrg & FEHC's final order
      2. Actual damage capped off @ $50k 4 compensatory damage
  5. Remedy
    1. Ct's Jxn
      1. Can give atty fee
      2. Can give unlimited compensatory & punitive damages
    2. FEHC
      1. Pwr 2 fine & compensatory damage up 2 $50k / person / offense
  6. Interaxn w/Other State Law
    1. CA Const.
      1. E /P
      2. Pvcy
      3. Empl. Discrim.
        1. Sex
        2. Race
        3. Creed
        4. Nat'l origin
        5. Relig.
    2. C /L Wrongful Discharge
      1. K Damages 4
        1. Breach of K
        2. Breach of cov. of good faith & fair dealing
      2. Tort Damages 4
        1. Discharge in viol. of pub. policy
        2. Pub. policy is in stt / Const.
        3. Gen'ly bring if can't meet er. def. in FEHA, except 4 age

This material is copyrighted by the author. Use of the material for profit is strictly prohibited without the written permission from the author.

May 4, 1997

Ms. Haeji Hong

Go Back to Law School Notes

1