In a compromise to deal with California’ budget issues, Governor Brown signed a budget trailer bill (S.B. 1038) that significantly changes the way the employment (and housing) complaints will be handled by the California Department of Fair Employment and Housing (DFEH). Recently, Bloomberg BNA asked me to write about and analyze some of these changes. The most significant include:
- The elimination of the Fair Employment and Housing Commission
- The creation of the Fair Employment and Housing Council (whose primary role is rulemaking)
- The authorization for the DFEH to file cases directly in court, and to recover reasonable attorney’s fees and costs when it prevails in court, and
- The establishment of mandatory dispute resolution before the DFEH proceeds to court.
My attached White Paper provides a more complete description of these changes, and analysis of what it means for California employers. This White Paper was distributed to to subscribers of Bloomberg BNA’s “HR Library” and “HR Decision Support Network,” but I have attached it to this email free of charge for clients, colleagues and friends.
White Paper: New for 2013: Significant Enforcement Changes to California’s FEHA. Please do not hesitate to contact me should you have questions about how to defend your company within the new DFEH framework.