California Fair Employment and Housing Act of 1959

The California Fair Employment and Housing Act of 1959 (FEHA) is a landmark piece of legislation in the state of California, designed to combat discrimination based on various grounds in both employment and housing. Codified as Government Code §§12900 - 12996, this Act represents a significant stride in the pursuit of civil rights within California.

Historical Context

The FEHA was part of a broader civil rights movement in the United States during the 1950s and 1960s. It was enacted to address discriminatory practices that were prevalent in the labor market and housing sector, aligning with the nationwide push for civil rights reforms seen in laws such as the Civil Rights Act of 1964.

Provisions of the Act

The FEHA prohibits discrimination based on race, color, religion, sex, gender identity or expression, sexual orientation, marital status, national origin, ancestry, familial status, age, physical or mental disability, medical condition, genetic information, and military or veteran status. The Act also makes it illegal to retaliate against any individual opposing such practices or participating in related proceedings.

Employment Protections

In the realm of employment, the FEHA provides robust protections against discrimination for applicants, employees, and independent contractors. Employers are required to provide reasonable accommodations for employees with disabilities and are prohibited from engaging in practices that discriminate against employees based on pregnancy, childbirth, or related medical conditions. Notably, an amendment in 1978 mandated employers to offer unpaid, job-protected leave to employees disabled by pregnancy, known as "pregnancy disability leave."

Housing Protections

For housing, the FEHA safeguards individuals from discrimination by landlords, real estate agents, insurance providers, and financial institutions. It ensures that all Californians have equal access to housing opportunities free from bias or prejudice.

Enforcement and Amendments

Enforcement of the FEHA is primarily handled by the California Civil Rights Department, previously known as the Department of Fair Employment and Housing (DFEH). This agency is responsible for investigating discrimination complaints and facilitating resolutions. The FEHA's enforcement mechanisms enable victims of discrimination to seek justice through administrative procedures or litigation.