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What remedies are available under 12940 - DFEH - employment discrimination

San Francisco, CA |

I searched the internet, found the 12940 but not the remedies. Could someone state them?

Also what remedied are available under Public Policy violation?

Attorney Answers 1


  1. Government Code section 12940 is the Fair Employment and Housing Act (FEHA). The basic remedies available if you prove a violation of 12904 are as follows:

    Declaratory and injunctive relief
    Financial losses caused by the violation, including front pay and back pay (past and future losses)
    Consequential financial losses caused by the violation (interest on loans, equity lost in fire sale of assets, etc.)
    Emotional distress damages caused by the violation
    The right to seek punitive damages under Civil Code section 3294
    The right to seek attorney fees to be paid by the employer

    The remedies available under a cause of action for wrongful termination in violation of public policy (a "Tameny claim") are standard tort damages. Those are all damages that were proximately caused by the wrongful conduct. Generally that means you get all of the above except declaratory or injunctive relief (unless you can pair up the tort claim with another independent remedy) and attorney fees.

    Although you asked about remedies, just to be clear there are other significant differences. The biggest is probably that under FEHA you are required to file an administrative complaint with the Department of Fair Employment and Housing within one year of the act about which you complain, but there is no such exhaustion requirement to bring the tort. The tort has a two year statute of limitations and that is it.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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