Glossary

Term · California: Leave, Money, and Paperwork

Fair Employment and Housing Act

Also: FEHA, California FEHA, California Fair Employment and Housing Act

California's main law against discrimination at work and in housing. It protects pregnant workers and covers pregnancy-related accommodations.

In plain words

The Fair Employment and Housing Act, or FEHA, is California's main civil rights law for jobs and housing. It protects workers from unfair treatment because of pregnancy, childbirth, and related medical conditions. It can also require an employer to make reasonable changes, such as more breaks, a lighter load, or time off for medical appointments. Under the law, an employer needs to know about your pregnancy before the duty to accommodate applies. Many mothers give written notice to make this clear. The law is separate from state and federal leave programs, although the rules can overlap. If you think you have been treated unfairly at work, a state or local employment lawyer or the California Civil Rights Department can explain your options.

The deeper version

FEHA (Government Code sections 12900 and following) prohibits discrimination and harassment based on sex, including pregnancy, childbirth, and related medical conditions, under Government Code section 12945. Employers must provide and may not require a worker to take leave when another accommodation would be effective. The employer's knowledge of the condition is an element of the claim in most cases, which is the basis for the written-notice convention. The and the federal (2022) provide overlapping federal protections. Case law continues to define the boundaries of reasonable accommodation, particularly for smaller employers.

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Sources

  • State of California — Government Code section 12945, pregnancy, childbirth, and related medical conditions
  • California Civil Rights Department — Pregnancy and related medical conditions in the workplace, FEHA guidance

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