What is FEHA?
FEHA is California’s “Fair Employment and Housing Act.” California’s Department of Fair Employment and Housing, https://www.dfeh.ca.gov/, as well as the court system, enforce FEHA.
“FEHA retaliation” refers to a retaliation tied to specific protected classes identified by statute. Chris Adishian explains FEHA and the current protected classes in the following video.
The current protected classes include race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation and military and veteran status.
How do FEHA Retaliation Claims Work?
FEHA retaliation claims generally fall into two categories. First, a plaintiff claims that the Company retaliated against him or her based on his or her membership in the protected class. Alternatively, the plaintiff claims that the Company retaliated against him or her based on his or her opposition to Company conduct that violates FEHA.
California has strong public policy against FEHA retaliation. California statues and case law support this public policy. These statutes and case law provide severe penalties. These penalties include front and back wages, waiting time penalties, attorneys’ fees, cost reimbursements, interest and potential punitive damages.
Many employees mistakenly believe that they have no valid claims because California is an “at will” state. Similarly, many employers mistakenly believe that they are litigation proof because California is an “at will” state. The truth is not so clear cut. Talk with us.
FEHA retaliation is different than Whistleblower Retaliation. To learn about Whistleblower Retaliation, please visit our Whistleblower Retaliation page.
- Has your Company retaliate against you?
- Did your Company terminate your employment?
- Has your former employee sued you?
Please take advantage of our FREE online case submission or call us today to start a conversation.
CASE STUDIES
Represented accomplished female President of aerospace industry Company, in bringing her claims that alleged the Company fired her because of her gender and sexual orientation and in violation of other laws.
RESULT
Mid 6 figures
TIME TO RESOLUTION
16 months
HOW WAS CASE RESOLVED?
Settled during litigation via 3rd party mediation
Represented female Plaintiff who was the largest minority shareholder, former board member and former officer of very successful privately held corporation in litigation alleging wrongful termination and corporate claims.
RESULT
Settled low to mid 6 figures
TIME TO RESOLUTION
2 years
HOW WAS CASE RESOLVED?
Settled during litigation
Represented successful, long time sales professional terminated while pregnant by large publicly traded employer.
RESULT
Settled low 6 figures
TIME TO RESOLUTION
3 years
HOW WAS CASE RESOLVED?
Settled during litigation