Definition Of Discrimination Under Feha

It covers employers who employ five or more employees in contrast to title vii which applies only to workplaces with 15 or more employees.

Definition of discrimination under feha. Feha provides a little more protection for employees in this way. There is no employee limit if the claim is for harassment under feha. They also expand the categories of employees protected by feha. Under feha employees with a condition that limits a major life function are protected regardless of whether the limitation is substantial.

The new regulations broaden the scope of feha including the definition of covered employers and the legal requirements for those employers. It can only help resolve employment complaints that involve discrimination or harassment based on a feha protected characteristic such as race sex religion national origin or disability for example or reasonable accommodation cfra or pdl complaints. Dfeh does not have jurisdiction over all workplace complaints. Under workers compensation a compromise and release does not release feha liability.

Feha gives victims of discrimination more protections than under federal laws. Put simply the difference between workplace harassment and employment discrimination under california s fair employment and housing act the feha is this. Ab 2222 expands the definition of disability under feha adopts a tough new standard for post offer pre employment medical exams. Workplace harassment occurs when someone in the workplace mistreats another person based on their gender race national origin sexual orientation or other prohibited category in a way that falls outside the job description of.

On april 1 2016 amended anti discrimination regulations under the fair employment and housing act feha will take effect in california. One area where both statues are alike however is that mitigating measures cannot be considered. Discrimination under the feha against an employer or other covered entity. Disparate treatment occurs when an employer treats an individual less favorably than others because of the individual s protected status.

Discrimination on the basis of possessing a driver s license granted under section 12801 9 of the vehicle code i e.