California Fair Employment and Housing Act

The California Fair Employment and Housing Act of 1959, codified as Government Code §§12900 - 12996, is a powerful California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing, which was passed on September 18, 1959.

The FEHA is the principal California statute prohibiting employment discrimination covering employers, labor organizations, employment agencies, apprenticeship programs and any person or entity who aids, abets, incites, compels, or coerces the doing of a discriminatory act. It prohibits employment discrimination based on race or color; religion; national origin or ancestry, physical disability; mental disability or medical condition; marital status; sex or sexual orientation; age, with respect to persons over the age of 40; and pregnancy, childbirth, or related medical conditions. The FEHA also prohibits retaliation against anyone for opposing any practice forbidden by the Act or for filing a complaint, testifying, or assisting in proceedings under the FEHA.

An amendment passed in 1978 requires employers to provide an unpaid job-protected leave to employees disabled by pregnancy (also known as "pregnancy disability leave") for up to four months. The legality of this statute and its consistency with federal law was upheld by the Supreme Court in California Federal Savings & Loan Ass'n v. Guerra (1987). After the passage of the federal Pregnancy Discrimination Act of 1978, pregnant employees in California also became eligible to receive temporary disability insurance benefits under the California State Disability Insurance program.

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