June 2018 Archives

FEHA offers better harassment and discrimination protection

Those inspired by the #metoo movement often fight back using Title VII. This federal law written in 1964 addresses employment discrimination based on race, color, religion, gender or other aspects of one's identity. However, women and others in California who have been harassed or discriminated against would be wise to look at the protections of the state's Fair Employment and Housing Act (FEHA), which provides broader coverage and interpretations when it comes to equal pay, harassment or discriminatory conduct as well as retaliation in the workplace for California workers. For example, damages are unlimited under FEHA, whereas under Title VII, there is a cap at $300,000.00. FEHA also requires employers to prevent harassment, discrimination, and retaliation from occurring through effective preventative measures.  This includes having anti-harassment policies, training, and promptly investigating, in good faith and in an unbiased manner, all reports of harassment, discrimination, and retaliation in the workplace.  FEHA provides protections to employees who work for smaller employers with 5 or more employees (employers of 1 or more employees are covered for harassment claims), whereas Title VII covers employers of 15 or more employees.  In addition to protecting employees, FEHA's harassment provisions protect unpaid interns, volunteers, and independent contractors.  FEHA also protects harassment conducted by non-employees.  An example would be a customer who sexually harasses a waitress or restaurant employee.  If the employer is aware of the harassment by a non-employee like a customer, and fails to take action to protect its employees, the employer may be held liable under FEHA. ID: 2959319 Primary Target URL: http://www.jaramilla.com/blogDue Date: Jun 6 2018 Post Type: Client Requested: No Title: FEHA offers better harassment and discrimination protection those inspired by the #metoo movement often fight back using Title VII. This federal law written in 1964 addresses employment discrimination based on race, color, religion, gender or other aspects of one's identity. However, women and others in California who have been harassed or discriminated against would be wise to look at the protections of the state's Fair Employment and Housing Act (FEHA), which provides broader coverage and interpretations when it comes to equal pay, harassment or discriminatory conduct as well as retaliation in the workplace for California workers. For example, damages are unlimited under FEHA, whereas under Title VII, there is a cap at $300,000.00. FEHA also requires employers to prevent harassment, discrimination, and retaliation from occurring through effective preventative measures.  This includes having anti-harassment policies, training, and promptly investigating, in good faith and in an unbiased manner, all reports of harassment, discrimination, and retaliation in the workplace.  FEHA provides protections to employees who work for smaller employers with 5 or more employees (employers of 1 or more employees are covered for harassment claims), whereas Title VII covers employers of 15 or more employees.  In addition to protecting employees, FEHA's harassment provisions protect unpaid interns, volunteers, and independent contractors.  FEHA also protects harassment conducted by non-employees.  An example would be a customer who sexually harasses a waitress or restaurant employee.  If the employer is aware of the harassment by a non-employee like a customer, and fails to take action to protect its employees, the employer may be held liable under FEHA.

attorney

Contact Toni Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Office Location

Toni Jaramilla, A Professional Law Corporation
1900 Avenue of the Stars
Suite 900
Los Angeles, CA 90067

Phone: 310-551-3020
Fax: 310-551-3019
Map & Directions