California: FEHA Applies to More Employers

The Department of Fair Employment and Housing (DFEH) changed the definition of “Employer” for purposes of the Fair Employment and Housing Act (FEHA). FEHA still applies to employers with five or more employees. However, the way in which those five employees is calculated has changed. Previously, employers must have had five employees “each working day in any twenty consecutive calendar weeks in the current calendar year or preceding calendar year.”

Now, five employees is calculated using any part of the day on which unlawful conduct allegedly occurred, or employing five or more employees on a regular basis. “Regular basis” refers to the nature of a business that is recurring, not necessarily limited by a period of time. This is meant to include seasonal work that may not last for 20 weeks, as previously stated. Also, the calculation expressly includes part-time workers.

Employers who may not have previously been subject to the protections of FEHA, including sexual harassment training requirements, now must comply.

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