Employers in California must provide reasonable accommodations to qualified applicants with a disability. Qualified applicants who are not given reasonable accommodations as required by state and federal law can file a lawsuit against the employer for damages.
Below, our California labor and employment attorneys discuss the following frequently asked questions about lawsuits for reasonable accommodations for disabled California workers:
- 1. What is a reasonable accommodation for disabled workers?
- 2. What disabilities are protected?
- 2.1. Physical Disabilities
- 2.2. Mental Disabilities
- 2.3. Perceived Disabilities
- 3. Does my employer have to provide reasonable accommodations?
- 4. When can an employer in California refuse to hire someone with a disability?
- 5. Should I file an ADA complaint with the EEOC?
- 6. Can I sue my employer for failing to provide a reasonable accommodation?
- 7. Can I be fired for filing an ADA complaint lawsuit?
Under the FEHA and ADA, it is an unlawful employment practice for an employer to discriminate against a person because of his or her disability.
If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.
1. What is a reasonable accommodation for disabled workers?
Under the Americans with Disabilities Act (ADA), qualified individuals are protected against discrimination based on disability. A “qualified individual” means someone who can
- perform the essential functions of the job,
- with or without a reasonable accommodation.1
Also required by California law, employers must provide “reasonable accommodations” for applicants and employees who are unable to perform the essential functions of the job because of their disability.2
Employers are also required to engage in a timely, good-faith interactive process with employees in need of reasonable accommodation. The interactive process is to determine whether a reasonable accommodation would allow the applicant or employee to perform the necessary functions of the job.3
A reasonable accommodation includes any measure that would allow the employee or applicant to perform the essential job functions. Reasonable accommodations can include:
- Modifications or adjustments to a job application process that enable a qualified applicant to be considered for the position;
- Modifications or adjustments to the work environment that enable a qualified individual with a disability to perform the essential functions of that position; or
- Modifications or adjustments that enable a disabled employee to enjoy equal benefits and privileges of employment as enjoyed by similarly situated employees without disabilities.4
Examples of reasonable accommodations in the workplace may include:
- Changing work schedules
- Restructuring job requirements
- Changing work policies
- Providing equipment to help the employee perform the job
- Using part-time schedules
- Making changes to equipment
- Making changes to training materials
- Providing readers or interpreters
- Allowing employees to use service dogs and support animals56
2. What disabilities are protected?
Under the California Fair Employment and Housing Act (FEHA), it is unlawful for an employer to discriminate against an individual based on mental disability or physical disability.7
The ADA is the federal law that protects applicants and employees from employment discrimination based on disability.8
Under the FEHA and ADA, it is an unlawful employment practice for an employer in California to discriminate against a person because of his or her disability, in any aspect of employment, including:
- Refusing to hire or employ an individual;
- Refusing to select a person for a training program;
- Firing, bearing, or discharging an employee;
- Discriminating against a person in compensation or in terms, conditions, or privileges of employment; or
- Failing to provide reasonable accommodation for employees.9
The ADA applies to individuals with mental or physical disabilities, actual or perceived, including:
- Any physical or mental impairment that substantially limits one or more major life activities of an individual;
- Any record of such an impairment; or
- Being perceived or regarded as having such an impairment.10
Impairment of a “major life activity” includes such day-to-day activities as:
- Caring for oneself
- Performing manual tasks
- Seeing
- Hearing
- Eating
- Sleeping
- Walking
- Standing
- Lifting
- Bending
- Speaking
- Breathing
- Learning
- Reading
- Concentrating
- Thinking
- Communicating
- Working 11
Major bodily functions include, but are not limited to:
- Functions of the immune system
- Normal cell growth
- Digestive
- Bowel
- Bladder
- Neurological
- Brain
- Respiratory
- Circulatory
- Endocrine
- Reproductive functions 12
The definition of “disability” is to be construed as broadly as possible under the Fair Employment and Housing Act (FEHA). Disability under the FEHA and ADA applies to both mental and physical disabilities.
2.1 Physical Disabilities
A “physical disability” includes disfigurements or diseases that affect the body and limit major life activities, including:
- Physiological disease
- Disorder
- Condition
- Cosmetic disfigurement
- Anatomical loss 13
Physical disabilities also include permanent and temporary conditions, such as:
- Impaired eyesight
- Impaired hearing
- Impaired speech
- Chronic diseases
- Hepatitis
- HIV/AIDs
- Diabetes
- Loss of a limb
- Cancer
- Pregnancy and childbirth
2.2. Mental Disabilities
Under the FEHA, a “mental disability”, includes, but is not limited to, any mental or psychological disorder or condition that limits a major life activity listed above. These limitations are considered without regard to
- mediation,
- assistive devices, or
- reasonable accommodations.14
Mental disabilities can also include chronic diseases, such as:
- Bipolar disorder
- Clinical depression
- Schizophrenia
- Obsessive-compulsive disorder
- Anxiety disorder
- Dementia
- Intellectual disabilities
- Specific learning disabilities
However, mental disabilities generally do not apply to certain impairments, such as:
- Sexual behavior disorders
- Compulsive gambling
- Kleptomania
- Pyromania
- Impairment from drugs or alcohol
2.3. Perceived Disability
Even if an individual is not disabled, applicants and employees are still protected against perceived disability. It is not a defense to discrimination if the employer was wrong about the individual’s actual disability.
Example: an applicant arrives at a job interview driving a vehicle with a disability license plate. The applicant parks in a non-disability parking spot. The employer sees the applicant’s car and believes the applicant has some disability.
After the interview, the employer cannot determine the applicant’s disability and does not want to get into trouble by asking the applicant if he or she is disabled. However, the employer decides not to hire the applicant because the employer does not want a disabled employee.
The applicant may have a relative or spouse who is disabled and drove the car with the relative’s disabled plate. Even if the applicant has no mental or physical disability, the employer may still have violated state and federal laws by discriminating against the employee for a perceived disability.
3. Does my employer have to provide reasonable accommodations?
In most cases, an employer must provide reasonable accommodations unless the employer would produce “undue hardship.” Undue hardship means the accommodation would require significant
- difficulty or
- expense.15 16
An undue hardship requires more than just cost or inconvenience to the employer. In determining undue hardship, a number of factors are taken into consideration, including:
- The nature and cost of the accommodation needed.
- The overall financial resources of the facilities involved in the provision of reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
- The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
- The type of operations, including the composition, structure, and functions of the workforce of the entity.
- The geographic separateness or administrative or fiscal relationship of the facility or facilities.1718
The first step in seeking accommodation is asking for a change or adjustment at work. If an employee decides they need a reasonable accommodation, he or she, or a representative, must let the employer know about the need for a change or modification.
After an employee requests an accommodation, the employer is required to engage in a timely, good-faith interactive process with employees in need of reasonable accommodation. This is to determine whether a reasonable accommodation would allow the applicant or employee to complete the necessary functions to perform the job.19
4. When can an employer in California refuse to hire someone with a disability?
An employer may ask job applicants if they can perform the essential functions of the job and how they would perform the job duties. However, employers must provide “reasonable accommodation” for applicants and employees who are unable to perform the essential functions of the job because of their disability.20
In general, employers cannot ask applicants about
- disabilities or
- medical conditions.
Employers cannot require an applicant to take a medical or psychological exam
- if other prospective employees are not also required to take such exams, or
- if the examination is not job-related and consistent with business necessity.
Employers may also be prohibited from asking applicants improper interview or application questions. This includes questions about an individual’s:
- General health
- Medical condition
- Mental disability
- Physical disability
After an applicant is offered a job, the employer can condition employment on the applicant passing a medical exam or answering medical questions if all new employees in a similar job function have to
- answer these questions or
- take a medical exam.
An employer can refuse to hire an individual with a disability if the individual is not able to perform the work duties even with reasonable accommodation.
An employer may also have a defense to failing to provide reasonable accommodations if it would produce “undue hardship,” or significant difficulty or expense. However, an employer may first be required to engage in a timely, good-faith interactive process with employees in need of a reasonable accommodation. 21
5. Should I file an ADA complaint with the EEOC?
Violations of the ADA can be filed as a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal ADA disability discrimination laws, including the failure to provide reasonable accommodations.
The California Civil Rights Department (CRD) – formerly the California Department of Fair Employment and Housing (DFEH) – is the state agency that handles complaints of disability discrimination. Before filing a complaint with the EEOC, an employee should have requested a reasonable accommodation from the employer. If there is no resolution, the employee can file a complaint with
- the EEOC or
- the CRD.
In general, California disability discrimination law provides broader protections for workers with disabilities than federal law. For example, the ADA generally applies to employers with at least 15 employees.
However, California disability discrimination laws apply to employers with at least 5 employees. For these reasons, you may prefer to file a disability discrimination complaint with the CRD rather than the EEOC.
An employee or applicant in California is usually required to exhaust all administrative remedies before they can file a lawsuit. This may mean the employee has to go through the CRD complaint process first. However, your California disability discrimination attorney may file a complaint with the CRD and obtain an immediate right to sue notice without waiting for the administrative process first.22
You can file a complaint directly with the CRD. In general, you must submit a pre-complaint inquiry within three years of the last incident of
- failure to provide reasonable accommodation,
- discrimination,
- harassment, or
- retaliation.23
The complaint can be filed by phone, mail, or online through the CRD website. The pre-complaint inquiry will initiate an intake interview with the CRD and help determine whether a complaint can be accepted by the agency for an investigation.
An investigator with CRD will contact the individual who filed the complaint within 60 days and discuss the details of the complaint.
- If the CRD will not handle the complaint, the matter will be dismissed and the individual has the immediate right to file a lawsuit.
- If the representative accepts the pre-complaint inquiry, a complaint will be prepared for your signature and delivered to the employer.
The complaint may also be dual-filed with the EEOC.
The employer will have a chance to respond to the complaint and the CRD will review the answer. The CRD may offer some form of dispute resolution to provide a way for the employee and employer to negotiate a resolution to the complaint. If the complaint cannot be resolved through negotiations, the CRD will initiate an investigation.
An investigation will determine whether there was a violation of California disability discrimination laws.
- If the investigation finds there was a violation, the case will go to the CRD Legal Division.
- If there is no violation, the case will be closed and the employee will be able to take their case to court.
The CRD Legal Division may require the parties to go through mediation. If the parties cannot settle the dispute through mediation, the CRD could file a lawsuit on behalf of the employee against the employer. If the CRD does not pursue the claim, it will close the investigation and the employee has the immediate right to file a lawsuit against the employer.
6. Can I sue my employer for failing to provide a reasonable accommodation?
Employees and applicants in California can file a lawsuit against their employers for unlawful failure to provide a reasonable accommodation.24
In general, the employee has to exhaust all administrative remedies first by filing a complaint with the
- CRD or
- EEOC
before they can file a lawsuit. This requires obtaining a “right to sue” notice from CRD.
Your attorney may be able to request an immediate right to sue notice without first having to go through a complete CRD or EEOC investigation. However, if you receive a Right-to-Sue notice, your complaint will not be investigated by CRD. Alternatively, you may also wait until the CRD dismisses your case before filing a lawsuit.25
Proceeding directly to court without an investigation by the CRD is generally only advisable if you have an attorney. Your attorney can obtain a right to sue notice and file your case in California Superior Court in
- the county where the discrimination occurred, or
- another relevant county.26
The complaint will be served upon your employer and anyone else named in the lawsuit. The defendants will respond to the complaint with a formal answer responding to the allegations, and the case may proceed through litigation. At any point before the end of a trial, the employer and employee can negotiate a settlement and settle the case out of court.
The damages available in a California employment discrimination lawsuit for failure to provide reasonable accommodations may depend on
- the extent of the discrimination and
- the type of the harm to the employee or job applicant.
Damages include
- monetary damages,
- punitive damages, and
- equitable remedies.
Money damages may include losses related to:
- Back pay (with interest)
- Front pay
- Higher income from a promotion
- Higher income from a raise
- Benefits
- Pension benefits
- Bonus payments
- Pain and suffering
- Emotional distress
An employee or applicant can also sue for equitable remedies. If a disabled employee was not hired based on his or her disability, the court can require the employer to hire the employee. The court can also require the employer to provide a reasonable accommodation to the employee.
In addition, employees who have suffered employment discrimination based on disability can also seek damages for the cost of
- attorney’s fees and
- court costs.27
7. Can I be fired for filing an ADA complaint or lawsuit?
Workers in California cannot be retaliated against for reporting workplace discrimination or violations of the ADA or FEHA.28
Firing an employee for filing an ADA complaint is a retaliatory action, and may be considered “wrongful termination”.29
The FEHA and ADA protect employees who are retaliated against for:
- Assisting with CRD or ADA investigations
- Assisting with other government inquiries
- Opposing disability discrimination against other employees
- Reporting disability discrimination
Unlawful retaliation or punishments related to reporting ADA violations may include:
- Termination
- Demotion
- Reduced pay
- Undesirable working conditions
- Discipline
If an employer retaliates against an employee for reporting FEHA or ADA violations, the employee may be able to
- file a complaint with the CRD or
- file a lawsuit against the employer for retaliation or wrongful termination.
Call us for help…
For questions about California disability discrimination laws and reasonable accommodations, or to discuss your case confidentially with one of our skilled California employment law attorneys, do not hesitate to contact us at Shouse Law Group.
We have local employment law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
Legal References:
- Americans With Disabilities Act of 1990, Section 101 — Definitions. (“(8) Qualified individual. – The term “qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.”)
- Fair Employment and Housing Act 12940 — Unlawful Practices. (“It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (m) (1) For an employer or other entity covered by this part to fail to make reasonable accommodation for the known physical or mental disability of an applicant or employee. Nothing in this subdivision or in paragraph (1) or (2) of subdivision (a) shall be construed to require an accommodation that is demonstrated by the employer or other covered entity to produce undue hardship, as defined in subdivision (u) of Section 12926, to its operation.”)
- Fair Employment and Housing Act 12940 — Unlawful Practices. (“It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.”)
- Fair Employment and Housing Act 12926 — Definitions. (“(p) “Reasonable accommodation” may include either of the following: (1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities. (2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.”)
- Americans With Disabilities Act of 1990, Section 101 — Definitions. (9) Reasonable accommodation. – The term “reasonable accommodation” may include – (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.”)
- 29 C.F.R. § 1630.2(o)(1) (“(i) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or (ii) Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable an individual with a disability who is qualified to perform the essential functions of that position; or (iii) Modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.”
- Fair Employment and Housing Act 12940 — Unlawful Practices. (“It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (a) For an employer, because of the 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, or military and veteran status of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.”)
- Americans With Disabilities Act of 1990. Public Law 101-336. 108th Congress, 2nd session (July 26, 1990).Title VII, 42 U.S.C. § 2000e-2, Section 102 — Discrimination. (“(a) General rule – No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”)
- Same.
- Americans With Disabilities Act of 1990, Section 102 — Discrimination. (“(1) Disability. – The term “disability” means, with respect to an individual-(A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment (as described in paragraph (3)).”)
- Americans With Disabilities Act of 1990, Section 3 — Definition of Disability. (“(2) Major life activities. (A) In general. For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.”)
- Americans With Disabilities Act of 1990, Section 3 — Definition of Disability. (“(2) Major life activities. (B) Major bodily functions. For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.”)
- Fair Employment and Housing Act 12926 — Definitions. (“(j) “Mental disability” includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as intellectual disability, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section: (A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. (C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working. (2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). “Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.”)
- Fair Employment and Housing Act 12926 — Definitions. (“(m) “Physical disability” includes, but is not limited to, all of the following: (1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section: (i) “Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. (iii) “Major life activities” shall be broadly construed and includes physical, mental, and social activities and working. (2) Any other health impairment not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). (6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.”)
- 42 U.S. Code Section 12112 – Discrimination. (“(b) Construction – As used in subsection (a), the term “discriminate against a qualified individual on the basis of disability” includes…(5)(A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”)
- Americans With Disabilities Act of 1990, Section 3 — Definition of Disability. (“(5)(a) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”)
- Americans With Disabilities Act of 1990, Section 101 — Definitions. (10) Undue hardship. (A) In general. The term “undue hardship” means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B). (B) Factors to be considered. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include (i) the nature and cost of the accommodation needed under this chapter; (ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.”)
- Fair Employment and Housing Act 12926 — Definitions. (“(u) “Undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors: (1) The nature and cost of the accommodation needed. (2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility. (3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities. (4) The type of operations, including the composition, structure, and functions of the workforce of the entity. (5) The geographic separateness or administrative or fiscal relationship of the facility or facilities.”)
- Fair Employment and Housing Act 12940 — Unlawful Practices. (“It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (n) For an employer or other entity covered by this part to fail to engage in a timely, good faith, interactive process with the employee or applicant to determine effective reasonable accommodations, if any, in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition.”)
- Same.
- Same.
- Fair Employment and Housing Act 12960. (“(b) Any person claiming to be aggrieved by an alleged unlawful practice may file with the department a verified complaint, in writing, that shall state the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, and that shall set forth the particulars thereof and contain other information as may be required by the department. The director or his or her authorized representative may in like manner, on his or her own motion, make, sign, and file a complaint.”)
- Fair Employment and Housing Act 12960; California Assembly Bill 9 (2019).
- Fair Employment and Housing Act 12921. (“(a) The opportunity to seek, obtain, and hold employment without discrimination because of 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, or military and veteran status is hereby recognized as and declared to be a civil right.”)
- Fair Employment and Housing Act 12965 — Unlawful Practices. (“(b) If a civil action is not brought by the department within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought, the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on his or her request, the right-to-sue notice.”)
- Fair Employment and Housing Act 12965 — Unlawful Practices. (“(b) … The superior courts of the State of California shall have jurisdiction of those actions, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendant’s residence or principal office.”)
- Fair Employment and Housing Act 12965 — Unlawful Practices. (“(b) … In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney’s fees and costs, including expert witness fees.”)
- Government Code 12940 GC — Employers, labor organizations, employment agencies and other persons; unlawful employment practice; exceptions FEHA wrongful termination / retaliation. (“It is an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: . . . (h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.”)
- California Code of Regulations (CCR) tit. 2, § 11021. (“a) FEHA Retaliation Generally. It is unlawful for an employer or other covered entity to demote, suspend, reduce, fail to hire or consider for hire, fail to give equal consideration in making employment decisions, fail to treat impartially in the context of any recommendations for subsequent employment that the employer or other covered entity may make, adversely affect working conditions or otherwise deny any employment benefit to an individual because that individual has opposed practices prohibited by the Act or has filed a complaint, testified, assisted or participated in any manner in an investigation, proceeding, or hearing conducted by the Council or Department or its staff. (1) Opposition to practices prohibited by the Act includes, but is not limited to: (A) Seeking the advice of the Department or Council, whether or not a complaint is filed, and if a complaint is filed, whether or not the complaint is ultimately sustained; (B) Assisting or advising any person in seeking the advice of the Department or Council, whether or not a complaint is filed, and if a complaint is filed, whether or not the complaint is ultimately sustained; (C) Opposing employment practices that an individual reasonably believes to exist and believes to be a violation of the Act; (D) Participating in an activity that is perceived by the employer or other covered entity as opposition to discrimination, whether or not so intended by the individual expressing the opposition; or (E) Contacting, communicating with or participating in the proceeding of a local human rights or civil rights agency regarding employment discrimination on a basis enumerated in the Act.”)