California has long been known for setting the pace on workplace and housing protections. With its massive economy, diverse workforce, and progressive laws, the state often leads the nation in shaping policies that later spread elsewhere. At the center of this framework is the Fair Employment and Housing Act (FEHA), a powerful law designed to safeguard employees and tenants against discrimination and harassment.
While federal laws such as Title VII of the Civil Rights Act and the Fair Housing Act already provide important protections, California’s FEHA goes even further. It imposes stricter requirements on employers and housing providers, while giving broader rights to employees and tenants. For anyone managing people, property, or compliance in California, understanding FEHA isn’t optional, it’s essential.
What Is FEHA?
The Fair Employment and Housing Act (FEHA) is a California state law enforced by the Department of Fair Employment and Housing (DFEH). It prohibits discrimination, harassment, and retaliation in both the workplace and housing.
Unlike many federal laws that only apply to larger employers or cover fewer protected categories, FEHA casts a much wider net. It applies to:
- Employers with five or more employees (for discrimination provisions).
- All employers, regardless of size (for harassment protections).
- Housing providers, including landlords, property managers, and homeowners associations.
In essence, FEHA ensures that Californians have equal access to jobs and housing, free from bias or mistreatment.
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Key Protections Under FEHA
FEHA provides protections in two major areas: employment and housing.
1. Employment Protections
FEHA makes it illegal for employers to discriminate against employees or job applicants based on a wide range of protected categories, including:
- Race, color, ancestry, national origin
- Religion or creed
- Disability (physical or mental) and medical conditions
- Sex, gender, gender identity, gender expression, sexual orientation
- Age (40 and over)
- Marital status
- Military and veteran status
- Genetic information
In practice, this means an employer cannot refuse to hire, terminate, demote, or deny promotions to someone because they belong to one of these categories.
FEHA also:
- Protects against harassment in the workplace (sexual or otherwise).
- Requires reasonable accommodations for employees with disabilities and for pregnant employees.
- Shields employees from retaliation if they file a complaint, assist in an investigation, or oppose discriminatory practices.
2. Housing Protections
FEHA also prohibits housing providers from discriminating against tenants or applicants. Landlords and property managers cannot refuse to rent, impose unfair terms, or harass tenants based on the same protected categories listed above.
For example:
- A landlord cannot deny an apartment to someone because of their religion or ethnicity.
- A property manager must allow reasonable accommodations, such as service animals, for tenants with disabilities.
By covering both employment and housing, FEHA ensures broader protection than most other anti-discrimination laws in the U.S.
Requirements for Employers and Housing Providers
Knowing the protections is one part of the equation. For compliance, employers and housing providers must also understand what’s required of them under FEHA.
Employer Requirements
- Written Policies: Employers must maintain clear anti-discrimination and anti-harassment policies and share them with employees.
- Training: California requires certain employers to provide harassment-prevention training. For example, companies with five or more employees must offer training to both supervisors and non-supervisors.
- Interactive Process: Employers must engage in an interactive process with employees who request accommodations for disabilities or medical conditions.
- Complaint Procedures: Employers must establish internal complaint processes and respond promptly to reports of harassment or discrimination.
Housing Provider Requirements
- Equal Access: Housing providers must treat all applicants and tenants equally, without bias or restrictive practices.
- Reasonable Accommodations: Landlords and managers must allow accommodations and modifications for tenants with disabilities.
- No Retaliation: Retaliating against tenants who assert their rights under FEHA is prohibited.
- Advertising Rules: Housing advertisements must not express any preference or limitation based on protected categories.
Failing to comply with these requirements can expose employers and housing providers to significant legal risks, including lawsuits, penalties, and damage to reputation.
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Conclusion
California’s FEHA sets one of the highest standards in the country for fair treatment in both the workplace and housing. For employers and housing providers, this means more than just avoiding discrimination, it means actively building inclusive, fair, and legally compliant practices.
The law may seem complex, but compliance boils down to awareness, preparation, and follow-through. With the right knowledge and resources, you can not only avoid costly penalties but also strengthen trust with employees and tenants.
In today’s environment, where accountability and fairness are more important than ever, understanding FEHA isn’t just about compliance, it’s about leadership. To stay updated on such workforce strategies, HR professionals can explore Compliance Prime’s expert human resources webinars for practical insights and guidance.
