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Retaliation at employment under Title VII of the Civil Rights Act of 1964 Vs DFEH

Irvine, CA |

Is it easier to prove under retaliation at employment under Title VII of the Civil Rights Act of 1964 Vs than that of DFEH?

Do lawyers often file under Title IV? If not which law they often use?

Any differences and in differences in relief?

Attorney Answers 3


Filing with the DFEH pursuant to the Fair Employment and Housing Act (FEHA) is generally considered better for employees than filing under Title VII. There is no cap on punitive or compensatory damages under the FEHA whereas under Title VII there is a $300,000 cap for large employers. Under the FEHA, an employer is generally strictly liable for harassment or discrimination by a supervisor and the definition of "supervisor" is more liberal than under Title VII.

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FEHA is rather all inclusive with regards to discrimination, harassment, retaliation, etc. based on a protected class. Neither is "easie to prove." Proof is based on the facts as presented by documents, witnesses, etc.

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Proof is "easier" if you sue in state court because you do not need a unanimous jury, like you do in federal court. Other than that, the elements of proof are essentially the same under Title VII and under the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA). However, the potential damages award is much higher under the FEHA. As an example, take a look at my guide to the differences between state and federal law with respect to disability discrimination: *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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