DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
DFEH: California’s Civil Rights Agency
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
DFEH MISSION The Department of Fair Employment and Housing’s mission is to protect Californians from employment, housing & public accommodation discrimination and hate violence.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
ROLE OF THE DEPARTMENT The DFEH receives, investigates, conciliates and litigates claims of discrimination, harassment and/or retaliation relating to certain protected bases within the State of California
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
LAWS ENFORCED BY DFEH • Fair Employment and Housing Act • Unruh Civil Rights Act • Ralph Civil Rights Act • Disabled Person’s Act
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Fair Housing
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
HOUSING DISTRICT OFFICES Three district offices process housing complaints for California: • Elk Grove (Headquarters) • Los Angeles • Fremont
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
HOUSING PROTECTED BASES Disability * Race/Color * Familial Status * Sex Sexual Orientation Marital Status National Origin
Ancestry Religion Source of income Medical condition Age Gender Identity/Expression Genetic Information
* These three bases comprised the majority of all cases filed.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING 2014 Housing Filings = 1524 (Includes 3,113 bases)
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
COMMON VIOLATIONS • • • • • •
Unlawful inquiries / statements of preference Refusal to rent, lease or sell Harassment Retaliation, including eviction Denial of reasonable accommodation / modifications for persons with disabilities Overly restrictive rules for children and occupancy standards
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING UNLAWFUL INQUIRIES / ADVERTISEMENTS It is unlawful to make any inquiry concerning the disability, marital status, or any other protected characteristic of the person seeking to rent, purchase, or lease any housing accommodation; or To advertise a rental or sale of any housing accommodation which indicates any preference or limitation based upon marital status, race, color, religion, sex, national origin, ancestry, or any other characteristic protected by the FEHA.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
SEXUAL HARASSMENT It is unlawful for a housing provider to subject a person to sexual harassment or require sexual favors for housing rights or privileges.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
SEXUAL HARASSMENT
Unwelcome and unwanted verbal, physical, or visual behavior of a sexual nature include: • • • • •
Sexual advances and propositions Derogatory sexual comments or jokes Leering Touching Rape
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
FAMILIAL STATUS •
•
Familial status is defined as having one or more individuals under 18 years of age who reside with a parent or with another person with care and legal custody of that individual (including foster parents) or with a designee of that parent or other person with legal custody. Familial status also includes a pregnant woman or a person who is in the process of adopting or otherwise securing legal custody of any individual under 18 years of age.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
FAMILIAL STATUS Housing Providers cannot: • Refuse to rent to persons because they have minor children (exception - senior housing), • Make overly restrictive rules regarding child’s play or use of amenities, or • Segregate families with children or otherwise restrict rental only to certain units or sections of the complex for families with children because of safety or other concerns.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
DISABILITY What is considered a disability under California law? • A mental or physical impairment, disorder, or condition that limits a major life activity. • Major life activities include, but are not limited to, physical, mental, and social activities and working. • A record of having, or being perceived as having a mental or physical disability.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
DISABILITY: REASONABLE ACCOMMODATION .
An “Accommodation” is a change in policies, practices, or services. Examples include: •Making an exception to a "no pet" policy to enable a disabled tenant to have a service or companion animal. • Changing parking rules to enable a tenant with a disability to have parking that meets his/her needs.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Disability: REASONABLE ACCOMMODATION (Continued) Housing Providers: • At the request of a person with a disability, must allow a reasonable accommodation unless they can demonstrate an undue financial or administrative burden, or a fundamental change in the nature of program; • May request verification that the person is disabled and has a medical need for the accommodation; • Are not entitled to specific information about the nature of the disability.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING DISABILITY: REASONABLE MODIFICATION Housing providers must allow property modifications when necessary. Examples include: • Widening doorways • Lowering cabinets • Installing a wheelchair ramp Generally, the housing provider is not responsible for the cost of the modification and may require the premises to be restored to the original condition.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
HATE VIOLENCE COMPLAINTS
Violence, threats of violence or vandalism based on race, religion, sexual orientation or other protected bases.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
PUBLIC ACCOMMODATION COMPLAINTS Examples: • A business charging a higher service fee to members of a particular racial group. • A restaurant refusing service to customers of a particular religion. • A store that denies a visually impaired individual access with his/her service animal.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Housing Complaint Process
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
HOUSING COMPLAINT PROCESS • Inquiry Filing • Intake Interview by Department Representative • If accepted, then Investigation • Conciliation efforts • Determination is made • If “reasonable cause” determination is made,
then mandatory mediation. • Civil Litigation if not settled
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Stage One: Inquiry Filing • Quick and easy online filing at
www.dfeh.ca.gov •
Alternatively, an inquiry can also be filed via telephone by a Department Representative.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Stage Two: Intake Interview The Complainant will be interviewed over the telephone. If DFEH has jurisdiction over the matter, a Complaint will be prepared and sent to the Complainant for signature by email or regular mail.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Stage Three: Investigation Once the complaint is signed and returned, DFEH investigates the allegations by: • Interviewing witnesses • Reviewing documents and other evidence DFEH remains neutral throughout the investigative process.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Stage Four: Mediation / Conciliation • At any point during the investigation, a complaint may be resolved through the Department’s “NoFault” settlement process on terms agreeable to all parties. • Settlement attempts will be facilitated by the investigator, or by formal mediation if all parties agree • Settlement will always include “Affirmative Relief” such as Discrimination Prevention Training
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Stage Five: Determination At the completion of the investigation, if there is insufficient evidence, a closure determination will be made and the matter will be closed. If DFEH determines that there is reasonable cause to believe that a violation may have occurred, then the parties must participate in mandatory mediation.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
Stage Six: Civil Litigation If the matter cannot be resolved through mandatory mediation, DFEH will file a lawsuit in civil court on behalf of the Complainant.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
REMEDIES • Reimbursement for actual losses and • • • • •
compensation for emotional distress Access to previously denied housing Training and policy changes Civil penalties Punitive damages Attorney’s fees and costs to the DFEH if it prevails
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING RECENT DFEH CASES
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING RESOURCES: ∙HUD/DOJ Joint Statement. ∙ State Bar Fair Housing & Public Accommodations Subsection. ∙ State Bar Real Property Law Section. ∙ Fair Housing & Public Accommodations Practice Guide, The Rutter Guide. ∙ DFEH Web site, including webinars. ∙ DFEH YouTube Videos. ∙ DFEH LinkedIn. ∙ DFEH Twitter. ∙ DFEH Fair Housing Clinic & training materials.
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
THANK YOU! For more information, please contact DFEH: www.dfeh.ca.gov contact.center@dfeh.ca.gov (800) 884-1684 Videophone (916) 226-5285