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SMC|Human Resources|Equal Employment Opportunity / Diversity|Summary of State Laws

Summary of State Laws

 

 

 

 Summary of State of California Laws

 

 

Links to Department of Fair Employment & Housing website:

 

State of California EEOC website: www.dfeh.ca.gov

 

Publications and Documents: www.dfeh.ca.gov/DFEH/Publications/Default.aspx

 

Contact State of California Department of Fair Employment & Housing: www.dfeh.ca.gov/DFEH/contact/Default.aspx

 

Telephone: 1-800-884-1684

 

Summary of State of California Laws:

The Fair Employment and Housing Act specifies:

·                     Prohibits discrimination in all aspects of employment including hiring, termination and terms and conditions.

·                     Prohibits harassment of employees or applicants and requires employers to take all reasonable steps to prevent harassment from occurring.

·                     Requires that all employers provide information to each of their employees describing the forms of sexual harassment, its illegality, the internal and external complaint processes and legal remedies.

·                     Requires employers to reasonably accommodate employees or job applicants with disabilities in order to enable them to perform the essential functions of the job.

·                     Requires employers to provide leaves of up to four months to employees disabled because of pregnancy or childbirth.

·                     Requires an employer to provide reasonable accommodations requested by an employee, with the advice of her health care provider, related to her pregnancy, childbirth, or related medical conditions.

·                     Requires employers of 50 or more persons in a 75 mile radius to allow eligible employees to take up to 12 weeks leave in a 12-month period for the birth of a child, the placement of a child for adoption or foster care, for an employee's own serious health condition, or to care for a parent, spouse, or child with a serious health condition. (Employers are required to post a notice informing employees of their family and medical leave rights.)

·                     Requires employment agencies to serve all applicants equally; to refuse discriminatory job orders; to refrain from prohibited pre-employment inquiries or advertising.

·                     Prohibits discrimination by unions in membership or employment referrals.

·                     Prohibits retaliation against any person who has filed a complaint with the Department, participated in a Department investigation or opposed any activity prohibited by the Act.

 

The law provides for a variety of remedies, which may include:

·                     Hiring

·                     Back Pay

·                     Promotion

·                     Reinstatement

·                     Cease and Desist Orders

·                     Damages for Emotional Distress

·                     Reasonable Attorneys Fees and Costs

·                     Expert Witness Fees

·                     Administrative Fines and Court Ordered Punitive Damages

 

Persons who believe they have experienced employment discrimination may file a DFEH complaint.

Complaints must be filed within one year from the date of the alleged discrimination.

 

 

 

 

 

 

 

 

Updated 10/08/2009