Defining Sexual Harassment - California Fair Employment and Housing Act

California's Fair Employment and Housing Act (FEHA) is a statute that protects citizens from sexual harassment and other forms of discrimination in the workplace and in housing. It went into effect in 1959.

The California Department of Fair Employment and Housing (DFEH) is the state agency that enforces the obligations related to the FEHA. The DFEH website states that the FEHA applies to the following:

• Public and private employers
• Labor organizations
• Apprentice training programs
• Employment agencies
• Licensing boards

The website also notes that "an employer can be one or more individuals, partnerships, corporations, or companies." However, the term "employer...does not include the federal government or a non-profit religious association or corporation."

The website additionally notes that "employers of five or more are subject to the FEHA's prohibition against employment discrimination" and that "harassment is prohibited in all workplaces, even those with only one employee or independent contractor on staff."

The FEHA prohibits sexual harassment due to the following:

• Gender
• Pregnancy, childbirth, breastfeeding (and related medical conditions)
• Sexual orientation
• Gender identity or gender expression
• Transgender status
• Other categories of individuals based on (for example) race, nation of origin, or religion

To learn more about Sexual Harassment Prevention For Employees visit our Cal/OSHA Sexual Harassment Prevention For Employees Online Training web page.