Blake Lively’s Lawsuit Underscores Importance of California Employment Laws Protections of California Employees

The California Fair Employment and Housing Act (FEHA) is a critical piece of legislation designed to protect employees and tenants from discrimination and harassment. Enacted in 1980, FEHA is enforced by the California Civil Rights Department (CRD) and covers a wide range of protections in both employment and housing contexts. This blog will explore the key aspects of FEHA, its protections for employees, and how it addresses issues of discrimination and harassment in the workplace.

Overview of the Fair Employment and Housing Act

The Fair Employment and Housing Act (FEHA) is codified in the California Government Code sections 12900-12996. It aims to ensure that all individuals have the right to seek, obtain, and hold employment and housing without facing discrimination or harassment. FEHA applies to public and private employers, labor organizations, and employment agencies, and it covers employers with five or more employees.

Protected Characteristics

FEHA prohibits discrimination and harassment based on a wide range of protected characteristics, including:

• Age (40 and over)

• Ancestry

• Color

• Creed

• Denial of family and medical care leave

• Disability (mental and physical), including HIV and AIDS

• Marital status

• Medical condition (cancer and genetic characteristics)

• National origin

• Race

• Religion

• Sex (including pregnancy, childbirth, and related medical conditions)

• Sexual orientation

• Gender identity and expression

• Military and veteran status.

Employment Protections

Discrimination and Harassment

FEHA makes it illegal for employers to discriminate against job applicants or employees based on any of the protected characteristics. This includes all aspects of employment, such as hiring, firing, promotions, compensation, and other terms and conditions of employment. Harassment based on a protected characteristic is also prohibited, and this protection extends to employees, applicants, unpaid interns, volunteers, and contractors.

Reasonable Accommodations

Employers are required to provide reasonable accommodations for employees with disabilities, unless doing so would cause undue hardship. This includes making adjustments to the work environment or modifying work schedules to enable employees with disabilities to perform their job duties.

Family and Medical Leave

Under the California Family Rights Act (CFRA), which is part of FEHA, employers with five or more employees must provide eligible employees with up to 12 weeks of job-protected leave for certain family and medical reasons. This includes caring for a seriously ill family member, bonding with a new child, or dealing with the employee's own serious health condition.

Pregnancy Disability Leave

FEHA also requires employers to provide up to four months of leave for employees who are disabled due to pregnancy, childbirth, or related medical conditions. This leave is in addition to any leave provided under CFRA.

Case Study: Blake Lively's Lawsuit Against Justin Baldoni

The recent lawsuit filed by Blake Lively against her co-star and director Justin Baldoni highlights the importance of FEHA's protections. Lively's allegations of sexual harassment and retaliation underscore the need for robust legal frameworks to protect employees from misconduct and ensure a safe working environment.

Lively's complaint includes accusations of unwanted physical contact, inappropriate comments, and invasion of privacy, all of which are prohibited under FEHA. Her case also illustrates the potential for retaliation when employees speak out against misconduct. FEHA explicitly prohibits retaliation against individuals who assert their rights under the law, ensuring that employees can report discrimination and harassment without fear of reprisal.

The California Fair Employment and Housing Act is a vital tool in the fight against discrimination and harassment in the workplace. By providing comprehensive protections for a wide range of characteristics, FEHA helps to create a more inclusive and equitable environment for all employees. The enforcement mechanisms and remedies available under the act ensure that individuals who experience discrimination or harassment can seek justice and hold employers accountable.

As demonstrated by high-profile cases like Blake Lively's, the protections offered by FEHA are essential for safeguarding the rights and dignity of employees. It is crucial for both employers and employees to be aware of their rights and responsibilities under the law to foster a safe and respectful workplace.