California Department of Fair Employment and Housing (DFEH)

With minimal public commentary, the Department of Fair Employment and Housing has passed new regulations broadening and strengthening the Fair Employment and Housing Act.  While it’s too late to (officially) complain about them, here’s why you should care:

A) The new regulations significantly expand who is protected under FEHA.

First, the definition of “employer” is

The Equal Employment Opportunity Commission reports that, in fiscal year 2015, 44.5% of the charges it received alleged retaliation. That makes retaliation the most popular charge it received by a large margin. Previous statistics showed that retaliation claims were even more popular at the Department of Fair Employment and Housing – the EEOC’s California counterpart.

The Law School Admission Council – a nonprofit that administers the Law School Aptitude Test or LSAT – has settled a dispute with the Department of Justice and California’s Department of Fair Employment and Housing over accommodations for disabled test-takers.

As we discussed here, California enacted Education Code section 99161.5 in 2013 to:

  1. require