How California’s FEHA Protects You From Workplace Harassment

If you’re dealing with harassment at work, California law gives you some of the strongest protections in the country. That protection comes primarily from the California Fair Employment and Housing Act, also known as FEHA, a state law that goes significantly further than federal law in several important ways.

Understanding how this law works, who it covers, and what it requires employers to do is the first step to protecting yourself.

What Is FEHA?

The California Fair Employment and Housing Act is codified in California Government Code § 12940 et seq. It prohibits harassment, discrimination, and retaliation in employment based on a broad range of protected characteristics. FEHA applies to employers with five or more employees, which is a lower threshold than federal law.

The agency responsible for enforcing the California Fair Employment and Housing Act is the California Civil Rights Department (formerly the Department of Fair Employment and Housing). If you want to pursue a civil claim under FEHA, you are first required to file an administrative complaint with the CRD before suing in court.

FEHA vs. Title VII: What’s the Difference?

Most people have heard of Title VII of the Civil Rights Act of 1964, the federal law enforced by the EEOC. Title VII is a baseline. FEHA is the ceiling, and California sets it much higher.

Here’s how they compare:

Employer size threshold:

• Title VII applies to employers with 15 or more employees
• California’s law applies to employers with 5 or more employees

Protected classes:

• Title VII covers race, color, religion, sex, and national origin
• California covers all of those, plus: age (40+), disability, medical condition, genetic information, marital status, sexual orientation, gender identity, gender expression, reproductive health decision-making, and more

Harassment standard:

• Under Title VII, harassment must be severe or pervasive
• Under FEHA, harassment can be actionable even when it involves a single severe incident

Damages:

• Title VII caps compensatory and punitive damages based on employer size (up to $300,000)
• Under California law, there is no cap on compensatory damages, and punitive damages are also available

Statute of limitations:

• Under Title VII, you have 180 or 300 days to file with the EEOC
• Under FEHA, you generally have three years from the date of the unlawful practice to file with the CRD

For California workers, FEHA is the primary source of protection — not Title VII.

Who Is Protected Under FEHA?

One of the most significant aspects of FEHA is the breadth of its protected classes. Under California law, it is unlawful for an employer to harass an employee based on:

• Race, color, ancestry, or national origin
• Religion or creed
• Sex, gender, gender identity, or gender expression
• Sexual orientation
• Age (40 and over)
• Physical or mental disability
• Medical condition
• Marital status
• Pregnancy, childbirth, or related medical conditions
• Reproductive health decision-making
• Genetic information
• Military and veteran status

This matters. A broader protected class list means more workers have legal standing to bring a harassment claim under state law, including claims that federal law may not cover.

What Happened in Aguilar v. Avis Rent A Car System (1999)?

The California Supreme Court’s decision in Aguilar v. Avis Rent A Car System, Inc. (1999) 21 Cal.4th 121 is a landmark case in the history of FEHA enforcement.

In that case, a supervisor subjected Black employees to a sustained pattern of racial slurs over an extended period. The court upheld an injunction (a court order prohibiting the defendant from using racial epithets in the workplace) as a remedy under California’s anti-harassment statute.

The case is significant for two reasons:

1. Injunctive relief is available under FEHA. Courts can order employers and individuals to stop harassing conduct and not just award money damages after the fact. This gives FEHA real teeth in terms of stopping ongoing harm.
2. Broad protected class coverage. The court’s analysis reinforced FEHA’s scope as applied to race-based hostile work environment claims, establishing precedent that courts take seriously the cumulative effect of harassment, even when individual incidents might seem minor in isolation.

For employees experiencing ongoing harassment, the availability of injunctive relief is meaningful. It means the law isn’t just a tool for compensation after harm is done — it can be used to stop the harm while it’s happening.

What Employers Are Required to Do Under FEHA

FEHA doesn’t just prohibit harassment — it imposes affirmative obligations on employers. Under California law, employers with five or more employees must:

• Take all reasonable steps to prevent harassment and discrimination
• Respond promptly and effectively to harassment complaints
• Conduct a thorough investigation of any complaint
• Take appropriate corrective action
• Provide harassment prevention training to all supervisors every two years (California SB 1343 extended this to non-supervisory employees as well)

An employer who knew or should have known about harassment and failed to act can be held liable — even if the harasser was a coworker rather than a supervisor.

What Counts as Harassment Under FEHA?

Under FEHA, harassment includes conduct that creates a hostile work environment based on a protected characteristic. This can include:

• Unwanted sexual advances or physical contact
• Offensive jokes, slurs, or derogatory comments about a protected class
• Displaying offensive images or materials
• Being excluded or treated differently based on a protected characteristic
• Persistent unwanted conduct that interferes with your ability to do your job

For a deeper look at what qualifies, read What Counts as Workplace Sexual Harassment in California.

What You Should Do If You’ve Experienced Harassment

If you’ve experienced conduct you believe violates California law, here’s what to do:

1. Document everything. Write down dates, times, locations, what was said or done, and who witnessed it. Do this as soon as possible while the details are fresh.
2. Report internally. Use your employer’s internal complaint process. This creates a paper trail and puts your employer on notice, which is legally significant under California law.
3. Preserve evidence. Save any emails, texts, voicemails, or other communications. Don’t delete anything.
4. Watch for retaliation. Reporting harassment is a protected activity under California law. If your employer retaliates — through demotion, schedule changes, termination, or hostile treatment — that is a separate legal violation. Learn more about what counts as retaliation at work.
5. Know your deadlines. Under California’s statute of limitations for harassment claims, you generally have three years to file a complaint with the CRD. Missing that window can affect your ability to bring a civil claim.

Your Rights Under FEHA

You have the right to work in an environment free from harassment based on who you are. Under California law, that right is backed by one of the broadest anti-harassment statutes in the United States.

If your employer has failed to meet its obligations — whether by ignoring your complaint, failing to investigate, or allowing harassment to continue — the law provides legal recourse.

For more information about your rights in the workplace, visit the Nabati Law workplace sexual harassment page or review the complaint letter template if you’re ready to take the first step.

If you’re facing harassment or retaliation in a California workplace, you can contact Nabati Law to discuss your options.