Overview
The Fair Employment and Housing Act (Government Code sections 12900 et seq.) is California's broadest anti-discrimination statute. While traditionally the domain of employment law firms, FEHA intersects with personal injury practice in significant ways -- particularly in cases involving disability discrimination after workplace injury, sexual harassment or assault, and hostile work environments causing physical or psychological harm.
Statutory Framework
FEHA prohibits discrimination, harassment, and retaliation based on race, sex, gender, sexual orientation, age (40+), disability, medical condition, and other protected characteristics. It applies to employers with five or more employees for discrimination and one or more for harassment. FEHA's definition of disability is broader than the federal ADA -- a condition need only "limit" (not "substantially limit") a major life activity.
Disability Discrimination and PI
A PI client who returns to work with physical limitations may face termination, failure to accommodate, failure to engage in the interactive process, or retaliation for requesting accommodations. These FEHA violations create separate claims that supplement the PI case.
Reasonable accommodations include modified work schedules, job restructuring, light duty, ergonomic equipment, transfer to a vacant position, and extended leave. Failure to engage in the interactive process is an independent FEHA violation, even if accommodation was ultimately impossible.
Fired or discriminated against after your injury? Talk to a California injury attorney now. Call (424) 353-4624 or text us. Free. Confidential. No obligation.
Sexual Harassment and Assault in the Workplace
When workplace sexual harassment escalates to physical assault, the case becomes both a FEHA matter and a personal injury case -- battery, assault, IIED, and negligent hiring/supervision. Employers face strict liability for supervisor harassment and negligence-based liability for co-worker or non-employee harassment when they knew or should have known and failed to act.
| Harasser | Employer Liability Standard |
|---|---|
| Supervisor | Strict liability |
| Co-worker | Knew or should have known + failed to act |
| Non-employee | Knew or should have known + failed to act |
Hostile Work Environment Causing Injury
A hostile work environment can cause compensable injuries: PTSD, anxiety, depression, stress-related cardiovascular problems, sleep disturbances, chronic pain, and aggravation of pre-existing conditions. Proving causation requires medical expert testimony linking the harassment to diagnosed conditions, temporal proximity, and treatment records documenting symptom progression.
Administrative Exhaustion: The CRD Complaint
Before filing a FEHA lawsuit, the plaintiff must file a complaint with the Civil Rights Department (CRD) within three years of the last discriminatory act. You can immediately request a right-to-sue letter, typically issued within days. The civil lawsuit must then be filed within one year of receiving the letter.
Remedies Under FEHA
FEHA allows recovery of economic damages (lost wages, benefits, out-of-pocket expenses), non-economic damages (emotional distress, pain and suffering, humiliation), and punitive damages upon clear and convincing evidence of malice, oppression, or fraud. There is no damages cap -- unlike federal Title VII. The prevailing plaintiff also recovers reasonable attorney fees under Government Code 12965(c)(6).
Workers' Compensation Interaction
FEHA claims are not barred by workers' compensation exclusivity. Workers' comp covers workplace injuries; FEHA covers discrimination, harassment, and retaliation. They address different wrongs. A client may simultaneously pursue workers' comp for the physical injury, FEHA claims for discrimination or harassment, PI claims against third parties, and PAGA claims for related Labor Code violations.
Workplace discrimination or harassment caused your injuries? We evaluate FEHA claims alongside PI cases. Call (424) 353-4624 or text us for a free case review.
Cross-References
- PAGA — representative actions for related Labor Code violations
- Statute of Limitations — FEHA's administrative exhaustion timeline
- Government Claims Act — when the employer is a government entity
- Non-Economic Damages — emotional distress damages in FEHA cases
- Proving Damages — evidence strategies for discrimination claims
- Economic Damages — lost wages and benefits under FEHA
Common Questions
How does FEHA relate to my personal injury case?
Do I need to file with the CRD before I can sue under FEHA?
Can my employer fire me because of my injury?
Are FEHA damages capped like federal discrimination claims?
Sources & Citations
Our offices
Local Resources
- CA Civil Rights Department (CRD)File FEHA complaints and request right-to-sue letters.
- CA Division of Workers' CompensationWorkers' comp coordination with FEHA claims.
- LA Superior Court · Stanley MoskCivil filings for FEHA lawsuits in LA County.
- U.S. Equal Employment Opportunity CommissionFederal counterpart for ADA and Title VII claims.
- CA State Bar LookupVerify any attorney's license before hiring.
- California Government Code §§ 12900–12996. Fair Employment and Housing Act: comprehensive anti-discrimination statute.
- California Government Code § 12940(m). Employer's duty to provide reasonable accommodations for disability.
- California Government Code § 12940(n). Employer's duty to engage in timely, good-faith interactive process.
- California Government Code § 12960(e). Three-year deadline to file CRD complaint for discrimination or harassment.
- California Government Code § 12965. Right-to-sue letter and one-year deadline to file civil lawsuit.
- California Government Code § 12940(j)(1). Employer strict liability for supervisor harassment; negligence standard for co-worker harassment.