Legal Records and Reports

California enacted civil rights laws in 1959 to prohibit discrimination in employment and housing based on a person’s race, religion, national origin and ancestry. In addition to the Fair Employment Practices Act (FEHA), the Unruh Civil Rights Act also passed that year prohibiting discrimination by business establishments. In the decades since, a number of additional state antidiscrimination laws have passed. They expanded the original act’s list of protected classes to include as many as 18 characteristics such as sex and disability. In addition, sexual harassment and retaliation now are prohibited actions. California’s civil rights laws were consolidated in 1980 under the jurisdiction of the Civil Rights Department (CRD), which is now the largest civil rights agency in the country. It is part of the state’s Business, Consumer Services and Housing Agency.


  • Procedural
    Rulemaking

Laws and Regulations

The California Code of Regulations Title 2 [Administration] has the exact language that describes CRD’s authority and responsibilities.

Links for laws and regulations will navigate to the California State Legislature site.

Fair Employment and Housing Act

Government Code, Title 2, Division 3, Part 2.8

FEHA Regulations

View the amendments in tracked changes that became effective April 1, 2016 (PDF) and are reflected below.

California Code of Regulations, Title 2 Administration, Division 4.1 Department of Fair Employment and Housing

Chapter 5. Fair Employment and Housing Council

Subchapter 1. Administration

Subchapter 2. Discrimination in Employment

Subchapter 3. Discrimination in Housing (Reserved)

Subchapter 4. Procedures of the Council (Reserved)

Subchapter 5. Contractor Nondiscrimination and Compliance

Subchapter 6. Nondiscrimination in State-Supported Programs and Activities

Subchapter 7. Discrimination in Housing

Department’s Procedural Regulations

California Code of Regulations, Title 2, Division 4.1, Chapter 1

Chapter 1. Procedures of the Department of Fair Employment and Housing (§§ 10000-10001)

Chapter 2. Conflict of Interest Code (§ 10500)

California Family Rights Act (CFRA)

Unruh Civil Rights Act (Requires business establishments to provide equal accommodations)

Civil Code, Division I, Part 2

Ralph Civil Rights Act (Prohibits hate violence or the threat of hate violence)

Civil Code, Division I, Part 2

Civil Code Section 51.9 (Prohibits sexual harassment in business, service, or professional contexts outside of traditional employment relationships)

Civil Code, Division I, Part 2

Disabled Persons Act

Civil Code, Division I, Part 2.5

California Trafficking Victims Protection Act

Civil Code, Division I, Part 2

Government Code Section 11135 Et Seq. (Prohibits discrimination in state-funded programs)

Government Code, Title 2, Division 3, Part 1, Chapter 1, Article 9.5

Restrictive Covenants

DFEH established procedures by which illegal restrictive covenants may be removed, but in 2006 the enforcement responsibilities were transferred to local county recorders – External Site.

The Fair Employment and Housing Act (FEHA) expressly prohibits the existence of a restrictive covenant that makes housing opportunities unavailable based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry. In conjunction with this prohibition, county recorders, title insurance companies, escrow companies, real estate brokers, real estate agents or associations that provide declarations, governing documents, or deeds to any person are required to place a cover page over the document, or a stamp on the first page of the document, stating that any restrictive covenant contained in the document violates state and federal fair housing laws and is void.

In 2000, the FEHA was amended to establish procedures by which illegal restrictive covenants may be removed. In 2006, the procedures were substantially modified, transferring responsibility for the restrictive covenant program from the Department of Fair Employment and Housing to the local county recorders. Effective January 1, 2006, any person holding an ownership interest of record in a property that he or she believes is the subject of an illegal restrictive covenant may record a document titled Restrictive Covenant Modification with the county recorder in the county in which the subject property is located. The modification document should include a complete copy of the original document containing the unlawfully restrictive language with the unlawfully restrictive language stricken. Following approval by the county counsel, the county recorder will record the modification document (Government Code section 12956.2, subdivisions (a) and (b) ).

For specific information about the restrictive covenant program in your county, please contact your local county recorder – External Site.

This procedure does not apply to persons holding an ownership interest in property that is part of a common interest development. Pursuant to Civil Code section 1352.5, the board of directors of a common interest development or association is required, without approval of the owners, to delete any unlawful restrictive covenant and restate the declaration or governing document without the restrictive covenant but with no other change to the document. A board of directors of a common interest development or association is not required to obtain approval from the county recorder prior to removal of restrictive covenant language.

The law clarifies the lawful status of senior citizen housing, stating that lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.

County recorders, title insurance companies, escrow companies, real estate brokers, real estate agents, or associations are still required to place a cover page or stamp on the first page of a previously recorded declaration, governing document or deed provided to any person. The cover page or stamp must be in at least 14-point boldface type.

Read or download Restrictive Covenants Model Language (PDF) that conforms to the requirements of Government Code section 12956.1, subdivision (b) (1).


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California's Relay Service at 711 | contact.center@calcivilrights.ca.gov