Comparison: State vs. Federal
The California Fair Employment and Housing Act (FEHA) prohibits employment practices that discriminate against an applicant or employee on the basis of an actual or perceived physical or mental disability or medical condition, unless the condition prevents the employee from performing the essential functions of the job or affects the health and safety of the individual or fellow employees. FEHA also prohibits discrimination based on an individual's genetic information and harassment based on an actual or perceived protected characteristic. FEHA covers private employers with five or more employees and all public employers, except for the harassment provision that applies to all public and private employers, regardless of size (CA Gov. Code Sec. 12926).
Effective January 1, 2017, an individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility may bring an action under FEHA for any form of harassment or discrimination (CA Gov. Code Sec. 12926.05). An employer has an affirmative defense by proving that the challenged activity was permitted by statute or regulation and that it was necessary to serve employees with disabilities under a special license.
Retaliation prohibited. FEHA prohibits employers from retaliating against any person who opposes any unlawful discriminatory practice, files a discrimination claim, or assists in the investigation or hearing of a discrimination claim.
Effective January 1, 2016, FEHA expressly prohibits employers from retaliating against a person because he or she requests an accommodation for a disability, even if the accommodation was granted.
State employers. The California Employees' Disability Law requires state ...