SIMPLE “FEHA” DISTINCTION BETWEEN RACE HARASSMENT v. DISCRIMINATION

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To prove a violation of FEHA (Fair Employment and Housing Administration Act) for race discrimination (Ca. Gov’t. Code §12940(a)), you have to prove that you suffered an adverse employment action because of your race and that you suffered damages therefrom.

Alternatively, to prove a violation of FEHA for race harassment, (Ca. Gov’t. Code §12940(j)(1)), you have to prove that you experienced severe or pervasive conduct or comments based on your race that changed the fundamental nature of the workplace environment, rendering it hostile to you based on your race.

Conceivably you could have damages for harassment while working and other damages arising out of the adverse employment action, such as a termination for example.