California Promises a Pattern or Practice of FEHA Enforcement Actions

With the newfound ability to file civil actions seeking unlimited monetary relief, the California Department of Fair Employment and Housing (DFEH) is promising to flex its muscle by filing class actions challenging systemic discrimination under the California Fair Employment and Housing Act (FEHA). Quietly, the DFEH is also moving to capitalize on its expanded powers by altering the traditional burdens of proof in class action lawsuits. Taken together, the DFEH appears to be piggybacking on the EEOC’s strategic enforcement plan discussed here, and positioning itself as an agency uniquely qualified to investigate discriminatory practices and seek relief on a class-wide basis. 

New Authority and Leverage

A 2012 state budget trailer bill revolutionized the Fair Employment and Housing Act —California’s broader and more stringent version of Title VII — and radically changed the way FEHA is administered and enforced. Beginning in 2013, the DFEH now has the authority to file cases directly in court, to seek unlimited compensatory damages, and to recover reasonable attorney’s fees and costs as the prevailing party. 

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