Work & Employment · Claims and complaints
Workplace discrimination, harassment and leave
In this guide
- California’s FEHA covers employers with 5 or more employees, and its harassment rules cover all employers.
- Complaints go to the Civil Rights Department, generally within three years.
- CFRA provides up to 12 weeks of job-protected family and medical leave for eligible employees.
What the law covers
The Fair Employment and Housing Act (FEHA) prohibits employment discrimination based on race, color, religion, sex, gender, gender identity and expression, sexual orientation, marital status, national origin, ancestry, disability, medical condition, genetic information, age (40 and over), military or veteran status, reproductive health decisions, and other characteristics. Discrimination rules generally apply to employers with 5 or more employees; harassment protections apply to employers of any size.
Accommodations
Employers must reasonably accommodate employees’ disabilities and religious practices unless it would cause undue hardship, and must engage in a good-faith “interactive process” about disability accommodations.
Protected leave
The California Family Rights Act (CFRA) gives eligible employees of employers with 5 or more employees up to 12 weeks of job-protected leave for their own serious health condition, a family member’s, or bonding with a new child. Pregnancy disability leave is separate. Paid family leave wage replacement comes through the EDD.
The CRD complaint process
- Intake. A person submits an intake form online, by phone, or by mail.
- Complaint. The CRD may investigate, offer mediation, or issue a right-to-sue notice if requested.
- Right to sue. A court lawsuit under FEHA generally requires a right-to-sue notice from the CRD first.
Time frames
- CRD complaint: generally within 3 years of the last act
- Federal EEOC charge (California): generally within 300 days
Official sources for this guide
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