FAIR EMPLOYMENT AND HOUSING ACT CLAIMS (FEHA)
Many employees do not realize the extensive federal and state laws which are put into place to protect them in the workplace. Certain workplace environments make it difficult to get work done due to heavy discrimination or even failure of an employer to pay an adequate wage. If you believe you have been harassed or discriminated against at your job, you may have a claim under the Fair Employment and Housing Act.
WHAT IS THE FAIR EMPLOYMENT AND HOUSING ACT?
A federal law, the Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment due to gender, sexual orientation, national origin, ethnicity, race, religion, and other conditions. You may bring a FEHA action against a coworker for discrimination in the workplace. Any violation of the FEHA can result in severe penalties to any employer who ignores complaints of discrimination and harassment.
WHAT TYPE OF CLAIM CAN I BRING UNDER FEHA?
FEHA covers a number of different types of discrimination, including the following:
- Age discrimination
- Sexual harassment
- Gender discrimination
- Religious discrimination
- National origin discrimination
- Sexual orientation discrimination
- Mental health or healthcare condition discrimination
Any form of discrimination or harassment related to these offenses falls within FEHA. If you have been discriminated against in the workplace based on any of these issues, you must first tell your employer of any perceived discrimination. If your employer does not react or attempt to rectify the situation, you may be entitled to bring a claim against your employer under FEHA. Your employer may be liable to you for any compensation, such as lost wages or employment reinstatement.
Under FEHA, employers have a duty to investigate any claims of harassment or discrimination in the workplace. If your employer fails to take action in reference to any complaint, they may additionally be guilty of a claim under FEHA for harassment or discrimination even though your employer was not directly involved in the discrimination itself. However, by refusing to acknowledge or correct any discrimination or harassment, your employer is not providing a safe and peaceful work environment, as is mandated by federal law.
An employer can additionally violate the FEHA by failing to accommodate medical conditions or disabilities if you are temporarily or permanently disabled. If an employer is aware that your medical condition prevents you from adequately performing your job in the current conditions, they may be guilty of a FEHA violation. It is important to contact an employment law attorney if you believe that your employer is discriminating against you, either through inaction against your coworkers, or direct harassment against you.
ZELDES HAEGGQUIST & ECK | SAN DIEGO, CALIFORNIA EMPLOYMENT ATTORNEYS
If you have been subject to any form of harassment and discrimination under FEHA and you believe your employer did nothing to prevent the harassment, you may have a claim under FEHA. Our employees at Zeldes Haeggquist & Eck, LLP are well experienced in FEHA law and claims, and will be able to assist you in ensuring your rights are not infringed upon. Contact our offices today for your initial free consultation.