Labor and Employment Compendium- California

October 21, 2019Media Mention

The Fair Employment and Housing Act, California Government Code § 12926 et seq. (FEHA) is the primary statutory scheme prohibiting discrimination in the workplace. Employees may also bring claims for violation of California Civil Code § 51.7, part of the Ralph Civil Rights Act of 1976, which broadly provides that all persons have the right to be free from violence and intimidation by threat of violence based on, among other things, race, religion, ancestry, national origin, political affiliation, sex, or position in a labor dispute.

FEHA prohibits discrimination by employers, a term that is defined as? any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except . . . a religious association or corporation not organized for private profit.?Gov?t. Code § 12926(d). In determining whether a person regularly employs five or more persons, all employees are counted, even if the employee does not work full time. Robinson v. Fair Employment & Housing Commission, 2 Cal.4th 226 (1992).