FEHA
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[edit] FEHA - California Law Prohibiting Harssment, Discrimination, and Retalitation
Various individual states within the United States have anti-discrimination laws which sometimes differ from federal law; these laws are provided in addition to the federal law, and may offer more desirable avenues to victims of harassment and discrimination.
In California, The FEHA, also known as the Fair Employment and Housing Act, is a powerful California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing. The FEHA offers protections that are similar and often more potent that those available under the federal counterpart, Title VII. These protections include, but are not limited to, attorney fee awards and reimbursement of certain case related expenses to prevailing plaintiffs. Additionally, well develloped state law applies different and sometimes less stringent standards for meeting the criteria related to harassment, discrimination, and retaliation.
California law and the FEHA also allow for the imposition of punitive damages when a corporate defendant's officers, directors or managing agents engage in harassment, discrimination, or retaliation, or when such persons approve or concsciously disregard prohibited conduct by lower level employees in violation of the rights or safety of the plaintiff or others. The California Court of Appeal's opinion in the landmark sexual harassment case of Weeks. v. Baker & McKenzie is a good example of how the FEHA works to protect employees in California. Numerous other California Court of Appeal opinions regarding California sexual harassment and the FEHA exist as well.
Many of the processes offered by FEHA may be used in addition to, or as an alternative to filing a lawsuit in court.
Whether seeking an investigation under FEHA or a suit in court, the process usually begins with the victim filing an complaint of discrimination with the California Department of Fair Employment and Housing.
