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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?

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Attorney answers 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.

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