The short version:
- → FEHA covers employers with as few as 5 employees (federal law requires 15+)
- → It protects more classes of people than federal law — including sexual orientation, gender identity, marital status, and more
- → You have 3 years to file a claim under FEHA vs. 300 days under federal law
- → There is no cap on damages for emotional distress or punitive damages under FEHA
What Is FEHA?
FEHA stands for the Fair Employment and Housing Act, codified in California Government Code section 12940. It is the state's primary civil rights law for employment. While federal law (Title VII) sets a minimum floor for employee protections, California's FEHA goes much further.
FEHA is administered by California's Civil Rights Department (CRD), which investigates discrimination complaints and can pursue claims on behalf of employees. The existence of FEHA doesn't mean federal claims aren't available — it means California employees have stronger state law protections in addition to federal ones.
For most discrimination cases in California, FEHA is the law that matters most. It's broader, stronger, and more favorable to employees than Title VII.
Who Does FEHA Cover?
One of FEHA's greatest strengths is its breadth of coverage. FEHA applies to employers with just 5 or more employees — compared to Title VII's 15-employee threshold. This means tens of thousands of California workers who fall below the federal threshold still have state protections.
As for protected classes, FEHA covers far more than federal law. It protects against discrimination based on:
- ✓Race or color
- ✓Gender (including pregnancy, childbirth, or related medical conditions)
- ✓Sex and sexual orientation
- ✓Gender identity and gender expression
- ✓Age (40 and over)
- ✓Religion
- ✓Disability (physical or mental)
- ✓Genetic information
- ✓National origin
- ✓Ancestry
- ✓Marital status
- ✓Medical condition
- ✓Military and veteran status
Federal law covers race, color, religion, sex, and national origin — but not sexual orientation, gender identity, marital status, or many other classes that FEHA protects.
How FEHA Is Stronger Than Title VII
When comparing California state law to federal law, FEHA wins in almost every category:
Broader Employer Coverage
FEHA covers 5+ employees; Title VII requires 15+. Thousands of employees gain protection under state law.
More Protected Classes
FEHA covers sexual orientation and gender identity; Title VII did not until recent court decisions. FEHA explicitly covers many other classes.
Longer Statute of Limitations
FEHA gives you 3 years to file with CRD; Title VII gives you 300 days with the EEOC. This is a massive advantage.
No Damages Cap
FEHA allows unlimited damages for emotional distress and punitive damages. Title VII caps damages at $300,000 for large employers.
Stronger Harassment Standard
California courts apply a broader definition of hostile work environment. You don't have to prove conduct was 'severe or pervasive' — only that it was unwelcome and affected your employment.
Broader Definition of Retaliation
FEHA retaliation claims include any adverse action; Title VII requires a materially adverse action. California's standard is easier to meet.
The Process: Filing with CRD
When you experience discrimination, the typical path is to file a complaint with California's Civil Rights Department. Here's how it works:
- 1File an administrative complaint: You file a complaint with CRD describing the discrimination. There's no filing fee. You generally have 3 years from the date of the discrimination.
- 2CRD investigates: CRD will investigate your claim, interview witnesses, review documents, and gather evidence. This process typically takes several months to a year.
- 3Receive a determination: CRD will issue a determination of whether probable cause exists that discrimination occurred. If they find probable cause, they'll attempt to settle the case.
- 4Obtain a right-to-sue letter: Whether or not CRD finds probable cause, you receive a right-to-sue letter allowing you to file a civil lawsuit in court.
- 5File a lawsuit (if needed): You then have one year from receiving the right-to-sue letter to file a civil lawsuit. This is where damages are recovered.
What Damages Can You Win Under FEHA?
One reason FEHA is so powerful is the range and amount of damages available to winning plaintiffs. You can recover:
Back Pay
Wages lost from the date of the discriminatory act through the date of judgment. This includes lost benefits and raises.
Front Pay
Lost future earnings if the employment relationship is permanently damaged and you can't be made whole by reinstatement.
Emotional Distress
Compensation for anxiety, depression, humiliation, and psychological harm. There is no cap — jurors decide the amount based on severity.
Punitive Damages
Additional damages designed to punish an employer for particularly egregious conduct. Available when discrimination was malicious, oppressive, or done with reckless disregard.
Attorney's Fees
If you win, your employer pays your attorney's fees and costs. You don't pay anything out of pocket.
Reinstatement or Promotion
In some cases, you're entitled to be restored to your job or promoted to the position you would have received but for discrimination.
Why FEHA Matters to You
If you've experienced discrimination at work in California, FEHA is your strongest tool. It provides:
- →Broader protection — covering more employers and more protected classes than federal law
- →More time to act — 3 years instead of 300 days
- →Greater potential recovery — unlimited damages with no cap
- →Attorney representation at no cost — winning cases cover your attorney's fees
Experienced FEHA Discrimination Attorney in Los Angeles
If you've faced discrimination at work, let Shirian Law evaluate your case. We know FEHA inside and out.