Employment faq test

Employment

Who is covered by the employment part of the Fair Employment and Housing Act?

The law applies to public and private employers, labor organizations, apprentice training programs, employment agencies, and licensing boards. Employers can be one or more individuals, partnerships, corporations or companies. Most parts of the FEHA apply to employers of five or more employees. The law’s prohibition on harassment applies to employers of one or more employees, or a person who regularly receives the services of one or more contractors.

Who is covered by the employment part of the Fair Employment and Housing Act?

The law applies to public and private employers, labor organizations, apprentice training programs, employment agencies, and licensing boards. Employers can be one or more individuals, partnerships, corporations or companies. Most parts of the FEHA apply to employers of five or more employees. The law’s prohibition on harassment applies to employers of one or more employees, or a person who regularly receives the services of one or more contractors.

What are the time limits for filing a complaint of employment discrimination?

In general, a complaint of employment discrimination must be filed within one year from the date that the alleged discriminatory act occurred. You must file a complaint with the Department even if you wish to file a case directly in court. If you wish to go to court, you can request an immediate “right to sue” notice when you file your complaint.

How does a person file a complaint of employment discrimination?

Start by filing a “Pre-Complaint Inquiry.” You can find that form using any of the following methods:

  • Use the Department’s online system, which is called Houdini. When you begin, you will see instructions how to open a free account. From then on you can use the service to communicate with DFEH.
  • Call the Communication Center at 800-884-1684 (voice). If you are deaf or hard of hearing, please call 800-884-1684 (voice or 711 relay operator) or 800-700-2320 (TTY)
  • Print and fill out a hard copy of the Pre-Complaint Inquiry formthat matches your issue and send it:

If you have a disability that prevents you from submitting a written pre-complaint form online, by mail, or email, the DFEH can assist you by scribing your pre-complaint by phone or for individuals who communicate by American Sign Language through the relay system. Contact the Communication Center 800-884-1684 (voice or 711 relay operator) or 800-700-2320 (TTY) or by email to contact.center@dfeh.ca.govto schedule an appointment.

How does the Department conduct an investigation?

The Department gathers evidence to determine if the complainant’s allegations can be proven. The individual filing the complaint is called a complainant and the employer is called a respondent. The investigation process includes gathering evidence from both sides, interviewing the parties and witnesses, and reviewing records. An investigation may be conducted on site and/or through telephone interviews. The Department has the authority to take interviews under oath, issue subpoenas and interrogatories and seek temporary restraining orders during the course of its investigation. All evidence gathered is analyzed to determine if a violation of the Fair Employment and Housing Act has occurred.

Sexual Harassment

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