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

Asked almost 2 years ago - 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)

  1. Neville Francis Fernandes

    Contributor Level 11


    Lawyers agree


    Answered . 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.

  2. Kristine S Karila

    Contributor Level 16


    Lawyers agree

    Answered . 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.

  3. Marilynn Mika Spencer

    Contributor Level 20


    Lawyers agree

    Answered . 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... more

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