1 / DFEH 2020 ANNUAL REPORT
2020
ANNUAL REPORT
DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
2 / DFEH 2020 ANNUAL REPORT
This report can be located and downloaded at www.dfeh.ca.gov. Call
(800) 884-1684
(voice or via relay operator 711) to order a hardcopy.
In accordance with the California Government Code and ADA requirements, this
publication can be made available in alternate formats as a reasonable accommodation
for people with disabilities. To discuss how to receive a copy in an alternative format,
please contact the DFEH at (800) 884-1684 (voice or via relay operator 711); TTY (800)
700-2320; or contact.center@dfeh.ca.gov.
This report has been prepared pursuant to Government Code section 12930, subdivision k,
which requires the Department of Fair Employment and Housing to “render annually to the
Governor and the Legislature a written report of its activities and its recommendations.”
3 / DFEH 2020 ANNUAL REPORT
CONTENTS
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Executive Summary 4
Letter from the Chair of the Fair Employment and Housing Council 5
Organizational Overview 6
Education and Outreach 8
2020 Highlights 8
Enforcement Highlight: Source of Income Discrimination in Housing 9
Case Highlight 10
Sexual Harassment in Employment 10
Complaints Filed with DFEH 11
Complaints Filed in 2020 11
Case Highlight 13
Housing Discrimination Case Based on National Origin and Perceived Immigration Status 13
Cases Settled 14
Case Highlight 15
Disability Discrimination in Housing 15
Legal Highlights 16
U and T Visa Certification Applications 18
Appendix A: Laws Enforced by DFEH 19
Appendix B: Complaints Filed by Bases 21
Table 1: Employment Complaint Bases 21
Table 2: Employment Right-to-Sue Bases 22
Table 3: Housing Complaint Bases 23
Table 4: Ralph Civil Rights Act Complaint Bases 24
Table 5: Unruh Civil Rights Act Complaint Bases 25
Table 6: Government Code 11135 Complaint Bases 26
Appendix C: County of Violation for Complaints Filed 27
Appendix D: Demographic Information – Race 29
Appendix E: Demographic Information – National Origin 30
4 / DFEH 2020 ANNUAL REPORT
EXECUTIVE SUMMARY
The Department of Fair Employment and Housing (DFEH) is pleased to submit this report
detailing our work in calendar year 2020.
In 2020, Californians faced unprecedented challenges as we navigated changes brought about
by the COVID-19 pandemic. DFEH’s mission and work protecting the civil rights of Californians
was at the center of public conversation. The pandemic both revealed and caused inequities in
health outcomes, in housing, and in workplaces; we witnessed and were called upon to
confront racial inequality and anti-Black violence; we saw a spike in bias-motivated incidents,
especially against people of Asian descent; and we analyzed complex questions of disability and
religious rights. Throughout the year, DFEH staff continued to accept, investigate, mediate, and
litigate civil rights complaints, and increased our outreach efforts, including by issuing multiple
guidance documents to assist Californians navigate the crisis. This work included:
• 23,898 intake forms received
- 19,492 Complaints filed (includes complaints initiating a DFEH investigation and
those filed through the Right-to-Sue process in employment claims)
- 13,708 complaints filed to request an immediate Right-to-Sue notice
- 5,784 complaints accepted for investigation by DFEH
• 50,651 incoming calls answered
• Published and disseminated 11 new guides and factsheets (each available in multiple
languages)
• Produced free, online trainings against sexual harassment for employees and
supervisors (available in multiple languages) that were taken by nearly 267,000
individuals
• 706 cases settled
• 10 civil actions filed in state and federal court, of which six involve group or class
allegations covering approximately 10,000 aggrieved persons
• Three Director’s Complaints filed and investigations continued in an additional 10
Director’s Complaints
We continue to work towards our vision of a California free of discrimination and welcome
feedback from all our stakeholders as we do so.
Sincerely,
Kevin Kish
Director, Department of Fair Employment & Housing
5 / DFEH 2020 ANNUAL REPORT
LETTER FROM THE CHAIR OF THE FAIR
EMPLOYMENT AND HOUSING COUNCIL
I write to report on the work of the Fair Employment and Housing Council (“Council”) in 2020 to
advance and protect civil rights in California. In 2020, the Council held eight public hearings—seven of
which were held virtually due to the onset of the COVID-19 pandemic.
In 2020, the Council worked on and finalized a number of regulatory and other actions. These include:
presenting a series of webinars explaining California’s first-ever regulations interpreting the fair
housing provisions of the Fair Employment and Housing Act (“FEHA”) which went into effect January
1, 2020; finalizing Religious Creed and Age Discrimination regulations (effective July 1, 2020); finalizing
California Family Rights Act (“CFRA”) and Fair Chance Act regulations (effective October 1, 2020); and
finalizing regulations regarding Harassment Prevention Training, which took effect in 2021.
During 2020, the Council increased its focus on public engagement by holding two virtual civil rights
hearings on critically important issues affecting California and our nation. On September 21, 2020, the
Council heard expert testimony and public comment on hate violence, including current trends,
targeted communities, and causes, as well as the legal, policy, and community interventions that exist
to address hate violence. The September 21st hearing on hate violence can be viewed by clicking
here: www.youtube.com/watch?v=nBSnZ-4Enro.
The Council held another civil rights hearing on November 17, 2020 on the Fair Chance Act—
California’s “Ban the Box” law—and the impact since its passage on the use of criminal history in
employment decisions. This hearing, again with the participation of experts and interested
stakeholders, addressed the purpose, promise, and effects of the Fair Chance Act, the current state of
research with regard to securing employment after incarceration, and the operation of the law with a
focus on unmet needs and opportunities for regulatory action. The November 17th hearing can be
viewed by clicking here:
www.youtube.com/watch?v=3DCibsUblOI (Part I) and
www.youtube.com/watch?v=GuAU-TOGSNs (Part II).
The Council remains committed to assisting the California Legislature in its efforts to proactively
implement the state’s civil rights laws. The Council remains equally committed to advancing
knowledge and understanding of civil rights throughout California by continuing to hold hearings and
fostering other types of community engagement so that existing and emerging civil rights issues can
be identified, examined, and addressed.
Sincerely,
Gab
riel A. Sandoval
Chair, Fair Employment and Housing Council
6 / DFEH 2020 ANNUAL REPORT
ORGANIZATIONAL OVERVIEW
The Department of Fair Employment and Housing (DFEH) is the institutional centerpiece of
California’s broad anti-discrimination and hate crimes policy. Born out of a decades-long
struggle to prohibit discrimination in employment, housing, and business establishments, the
DFEH has been at the forefront of protecting civil rights in California since its inception. Today,
the DFEH is the largest state civil rights agency in the country.
DFEH’s mission is to protect the people of California from unlawful discrimination in
employment, housing, and public accommodations (businesses), and from hate violence and
human trafficking. To accomplish this mission, DFEH receives, investigates, conciliates, mediates,
and prosecutes complaints of alleged violations of the Fair Employment and Housing Act (FEHA),
Unruh Civil Rights Act, Disabled Persons Act, Ralph Civil Rights Act, Trafficking Victims Protection
Act, and statutes prohibiting discrimination in state-funded activities and programs.
DFEH’s Enforcement Division consists of investigators who receive and investigate complaints.
The Legal Division prosecutes cases, including systemic complaints, meaning complaints that
allege a pattern or practice of discrimination impacting a large number of people. The Dispute
Resolution Division mediates cases. The Executive Programs Division conducts public outreach
and education and legislative and regulatory affairs, responds to requests for public records and
visa certifications, and determines administrative appeals. The Public Affairs Division executes
the Department’s communications strategy, including by issuing press releases and fielding
requests for information from the media and stakeholders. The Administrative Division
provides critical human resources, contracting, and procurement services, and the Information
Technology Services Division provides necessary technological infrastructure and security.
7 / DFEH 2020 ANNUAL REPORT
The state’s various civil rights laws empower DFEH to:
• En
gage in public outreach and provide training and technical assistance to stakeholders,
such as employers and employees, business establishments and consumer groups, and
housing providers and tenants regarding their rights and responsibilities under the law,
• Investigate and initiate complaints of individual and systemic discrimination,
• Facilitate mediation and resolution of disputes involving civil rights,
• Enforce the laws by prosecuting violations in civil court.
Since 2013, the Department has housed the Fair Employment and Housing Council (FEH
Council), a body that issues regulations to ensure that the FEHA and other laws enforced by the
Department are interpreted and implemented in a way that is fair and that protects the public
to the full extent of the law.
8 / DFEH 2020 ANNUAL REPORT
EDUCATION AND OUTREACH
A critical component of meeting DFEH’s mission is providing employers, housing providers,
businesses, and the public clear, accurate, and easily accessible information related to their
rights and responsibilities under the laws that DFEH enforces. Education and outreach help
to prevent discrimination from occurring and make it more likely discrimination will be
reported when it occurs. To meet this need, DFEH continues to develop educational
materials and website content, provide trainings and programs, and engage in direct
outreach to stakeholders. DFEH staff members speak at events around the state each
month as part of these efforts.
2020 HIGHLIGHTS
• Participated in 85 outreach events, reaching more than 17,086 individuals
with information about their rights and responsibilities under California’s civil
rights laws, including numerous events related to the COVID-19 pandemic.
• Published and disseminated guidance on upholding civil rights in employment
and housing while adhering to public health orders related to COVID-19, as
well as guidance on combatting hate violence during the pandemic.
• Published and disseminated 11 new guides and factsheets (each available in
multiple languages).
• Produced free, online trainings against sexual harassment for employees and
supervisors (available in multiple languages) that were taken by nearly
267,000 individuals.
• Searched thousands of online housing advertisements across California and
sent 176 compliance letters to housing providers found to have made
discriminatory statements.
9 / DFEH 2020 ANNUAL REPORT
ENFORCEMENT HIGHLIGHT: SOURCE OF INCOME
DISCRIMINATION IN HOUSING
On January 1, 2020, SB 329 went into effect, making it unlawful for California housing
providers to turn away tenants who hold government housing assistance vouchers, including
programs like “Section 8.” Government housing subsidies are now considered a protected
“source of income” under California’s fair housing laws. Advertisements for the sale or rental
of housing accommodations that indicate a preference or limitation based on source of
income are unlawful.
An initial targeted enforcement action over a ten-day period in January 2020 found 55 separate
discriminatory rental listings in Sacramento County alone. Over the course of 2020, DFEH
affirmatively scanned rental listings throughout the state for discriminatory statements. DFEH
sent letters to the housing providers that posted unlawful listings warning them that they must
take immediate action to comply with California law. Additionally, DFEH published two
guidance documents to assist Californians in knowing their rights and responsibilities under the
new protections.
A factsheet for tenants is available at:
www.dfeh.ca.gov/wp-content/uploads/sites/32/2020/02/SourceofIncomeFactSheet_ENG.pdf.
A Frequently Asked Questions document for housing providers is availa
ble at:
www.dfe
h.ca.gov/wp-content/uploads/sites/32/2020/02/SourceofIncomeFAQ_ENG.pdf.
10 / DFEH 2020 ANNUAL REPORT
CASE HIGHLIGHT
SEXUAL HARASSMENT IN EMPLOYMENT
In May of 2020, DFEH launched
a free Sexual Harassment
Prevention Training course with
versions for employees and
managers in six languages.
232,209 people took the training
in 2020, 190,443 employees and
40,640 supervisors.
C
ase Highlight: Sexual Harassment in Employment
A woman employed by a farm labor contractor in Salinas, California filed a complaint
alleging that a foreperson sexually harassed and assaulted her.
DFEH filed suit in Monterey County seeking relief on behalf of Jane Doe, as the
employee was known in the litigation, alleging that the farm labor contractor had a
pervasive culture of allowing harassment, discrimination, and retaliation to occur. As
alleged in the complaint, the company’s sexual harassment training included offensive
memes, mocked the importance of anti-harassment measures, and generally failed to
convey the importance of protecting employees from sexual harassment.
The judicially supervised settlement agreement requires the contractor to hire a third-
party monitor for three years to review its policies and procedures, make regular visits
to the worksite, review complaints of harassment filed by employees, and submit
compliance reports to DFEH. The company paid $750,000, which includes payment to
Jane Doe for emotional distress damages, and attorney fees to the DFEH.
11 / DFEH 2020 ANNUAL REPORT
COMPLAINTS FILED WITH DFEH
DFEH received 23,898 intake forms in 2020 from members of the public who alleged civil right
violations. 13,708 of the claims were requests for an immediate “Right-to-Sue” in employment
cases. In these cases, individuals file a complaint with DFEH, but bypass DFEH’s investigation
process, and receive a closing letter that includes a Right-to-Sue from DFEH which a complainant
needs to file a civil court case alleging violations of the FEHA’s employment provisions. 5,784 of
the intakes resulted in DFEH filing a complaint for investigation.
COMPLAINTS FILED IN 2020
Civil Code Section 54 9
Criminal History in Employment Decisions 124
Employment Investigations 4422
Government Code Section 11135 19
Housing 880
Ralph Civil Rights Act 85
State Contractors 0
Unruh 245
Unruh filed as companion to Housing case 821*
12 / DFEH 2020 ANNUAL REPORT
*Fair housing cases alleging a violation of FEHA often also involve an alleged Unruh violation, as the same
unlawful activity can violate both laws. DFEH creates companion cases that are investigated as part of the
same investigation. We separately identify the Unruh companion cases and include them in the total number
of cases filed (because they are created separately), but exclude them from the total number of
investigations, since they are investigated as part of a companion housing investigation. Doing this allows
the public to see the number of independent Unruh cases that are not a companion
to a fair housing case.
The investigation process starts when a member of the public files an initial inquiry with DFEH
by submitting an intake form, which can be done through an online portal, by mailing a paper
form, or by calling the DFEH Communications Center. DFEH assigns the intake to an
investigator, who conducts an initial interview with the complainant to determine whether
DFEH has jurisdiction to accept the complaint. If DFEH has jurisdiction and accepts the claim,
the investigator drafts a written complaint and sends it to the complainant for signature.
Once DFEH receives the signed complaint, the investigator determines if the complaint meets
criteria for federal dual-filing status pursuant to work-sharing agreements with the United States
Equal Employment Opportunity Commission (EEOC) or the United States Department of Housing
and Urban Development (HUD) and, if so, assigns the complaint a federal identification number.
DFEH serves the complaint on the party accused of discrimination or other civil rights violations
(“respondent”). DFEH investigates the case by interviewing parties and witnesses, reviewing
supporting documentation, and conducting site inspections where appropriate. DFEH has the
authority to serve interrogatories, issue subpoenas and demand production of documents, and
to petition the court to order a respondent to comply if the respondent refuses. In appropriate
cases, the investigator may attempt to resolve the case with the parties or refer the case to the
Dispute Resolution Division (DRD) for possible mediation. If the parties resolve the case through
conciliation or mediation and execute a settlement agreement, or if the investigator
determines there is insufficient evidence to prove a violation of the law, DFEH closes the case. If
DFEH determines the case is potentially meritorious and it has not resolved, the Enforcement
Division may transfer the case to the Legal Division. When DFEH finds a complaint has merit,
the FEHA requires, in most circumstances, that DFEH file a civil complaint in state or federal
court within 365 days from the date the DFEH complaint was filed.
Appendix B, Table 1 -Table 7 displays the total bases for complaints filed by law type.
13 / DFEH 2020 ANNUAL REPORT
CASE HIGHLIGHT
HOUSING DISCRIMINATION CASE BASED ON NATIONAL ORIGIN
AND PERCEIVED IMMIGRATION STATUS
A married couple and their two children filed a complaint with DFEH alleging that
their landlord threatened to report them to federal immigration authorities if they
did not move out within a matter of days. They also alleged that their landlord
threatened to report their attorney to the California Bar, claiming that it was illegal
for the attorney to advocate on behalf of tenants that the landlord perceived to be
undocumented.
DFEH filed a lawsuit that resulted in a settlement requiring the landlord to pay a
total of $250,000 in damages and attorney’s fees. The settlement also required the
landlord to implement a new anti-discrimination policy, post fair housing notices
at her properties, and complete fair housing and landlord tenant law training.
14 / DFEH 2020 ANNUAL REPORT
CASES SETTLED
Civil rights disputes may be resolved through settlement at different points in the DFEH
complaint process. Investigators within the Enforcement Division may conciliate (bring parties
together to negotiate) a settlement during their investigations. Some cases are referred to the
Dispute Resolution Division to determine if the parties are interested in participating in
voluntary mediation. Once DFEH’s Legal Division takes a case, the law in most cases requires
DFEH to offer the parties mandatory mediation.
The amounts listed below reflect the monetary value of settlements respondents or defendants
agreed to pay, and complainants or real parties agreed to accept, to resolve their civil rights
cases. DFEH settled 706 cases in 2020 for a monetary value of $11,176,865.59.
NUMBER OF
SETTLEMENTS
TOTAL SETTLEMENT
AMOUNTS
Enforcement Division 250 $1,431,835.17
Dispute Resolution Division - voluntary 440 $7,137,280.42
Dispute Resolution Division/Legal
(SB 1038 & Post Civil)
3 $87,500.00
Legal Division
10 $2,519,250.00
Executive Programs Division
3 $1000.00
TOTAL 706 $11,176,865.59
The reported settlement amounts reflect monetary recovery only. Most DFEH settlements also
include “affirmative relief” in the form of injunctions, training and monitoring, or changes in
policies that increase fair employment or housing opportunities, or that decrease the likelihood
of future discrimination or hate violence. Some settlements include only affirmative relief and
no economic recovery.
15 / DFEH 2020 ANNUAL REPORT
CASE HIGHLIGHT
DISABILITY DISCRIMINATION IN HOUSING
I
n 2020, the most commonly cited basis for discrimination
in housing was disability. DFEH‘s fact sheet about disability
discrimination in housing is at www.dfeh.ca.gov/wp-
content/uploads/sites/32/2020/06/DisabilityDiscriminatio
n_ENG.pdf.
Case Highlight: Housing Disability Discrimination
A tenant who relies solely on a wheelchair for mobility filed a complaint with DFEH
alleging that the owners and property managers of her building failed to
accommodate her disability when the elevator in her complex became inoperable
and she was unable to leave her third-floor apartment. The tenant requested a
transfer to a first-floor apartment as an accommodation. Despite the availability of
an apartment on the first floor, her request was delayed for more than one year.
Following a mandatory mediation, the owners agreed to a monetary settlement
and to participate in fair housing training annually for a period of five years. In
addition, they will post DFEH fair housing posters in the complex, distribute fair
housing informational materials to all their tenants in California, and will report
compliance to the DFEH on an ongoing basis.
16 / DFEH 2020 ANNUAL REPORT
LEGAL HIGHLIGHTS
In 2020, the DFEH Legal Division filed 10 civil actions in both state and federal court. The cases
were brought throughout the state and involved California industries such as entertainment,
government, health care and technology.
The DFEH Legal Division’s 2020 filings reflect a focus on matters involving systemic
discrimination and harassment, where the case involves a large workforce affected by the
alleged unlawful practice, and the anticipated remedy would impact a large number of persons
or an entire industry; where the case addresses an important legal issue in an area where the
department seeks to establish case law; and/or where the case would impact civil rights in a
manner consistent with the department's mission.
Of the 10 cases filed in 2020, six involve group or class allegations covering approximately
10,000 aggrieved persons.
The Legal Division was involved with the Office of the Attorney General in four matters before
the appellate courts involving important legal issues in areas where the department seeks to
establish case law, and/or advance civil rights law in a manner consistent with the
department's mission.
In partnership with other state Fair Employment Practices Agencies, the DFEH Legal Division led
a coalition of states in a multistate federal litigation against the Equal Employment Opportunity
Commission to obtain employer data necessary for civil rights enforcement and identifying
potential systemic discrimination.
In addition to its litigation activities, the Legal Division remained active on ongoing cases and
new initiatives:
17 / DFEH 2020 ANNUAL REPORT
• The Legal Division filed three Director’s Complaints and continued its investigations into
an additional 10 Director’s Complaints. Additional cases were designated as group and
class investigations. These are matters which collectively cover thousands of potential
victims of discrimination, harassment, or retaliation in California.
• The Legal Division initiated several inquiries under the authority of Government Code
section 11180 as a further means of investigating potential systemic discrimination
matters identified by the department.
• The Legal Division’s attorneys also supported over 100 priority investigations for the
Enforcement Division, providing feedback and guidance to the Enforcement Division
investigators on matters involving potential systemic as well as individual cases of
discrimination, harassment or retaliation in employment, housing, and public
accommodation.
Significant settlements achieved by the Legal Division attorneys include:
• DFEH v. Silicon Valley Growth Syndicate. Consent decree providing relief for woman
working as an intern and other roles for an investment group who was allegedly sexually
harassed and assaulted by the head of the investment group. This was the first case
brought by the Department under its new authority under Civil Code section 51.9 and
resulted in a monetary award of $1,800,000.
• DFEH v. DynaPac. Post-litigation settlement of $750,000 to a female agricultural worker
involving allegations of multiple sexual assaults by her supervisor.
• DFEH v. Hynek. Post litigation settlement of $150,000 to tenant allegedly propositioned
by her landlord for sexual favors.
• DFEH v. Copper Mountain Community College District. $115,000 post litigation
settlement to employee allegedly sexually harassed based on his sexual orientation by
an assistant dean.
The Legal Division provided over 5,000 hours of general counsel assistance in areas including
case analysis, representation, document drafting and review, and executive and administrative
support.
18 / DFEH 2020 ANNUAL REPORT
U AND T VISA CERTIFICATION APPLICATIONS
The Victims of Trafficking and Violence Protection Act of 2000 created the U Visa and the T Visa,
which are available to certain immigrant victims of serious crimes. Immigrants who are victims
of various qualifying crimes, such as rape, felonious assault, and kidnapping, may be eligible for
a U Visa; immigrants who are victims of human trafficking may be eligible for a T Visa. To
obtain a U or T Visa, victims must demonstrate to United States Citizenship and Immigration
Services (USCIS) their willingness to cooperate in the investigation or prosecution of the crime,
among other requirements (please see USCIS webpage:
www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes)
A U or T Visa application must be supported by a certification from a law enforcement agency,
prosecutor’s office, judge, family protective services office, the EEOC, a department of labor, or
another similar investigative agency.
As a state investigative agency, DFEH is authorized to provide U and T Visa certifications and is
required to report data about those certifications to the Legislature pursuant to California Penal
Code section 679.10. In 2020, DFEH received 18 requests for U Visa certifications (Form I-918
Supplement B). Of these, 14 requests were signed, 2 were not signed, and 2 were withdrawn.
DFEH received 4 requests for T Visa certifications (Form I-914 Supplement B). Of these, 3
requests were signed and 1 request was not signed.
19 / DFEH 2020 ANNUAL REPORT
APPENDIX A: LAWS ENFORCED BY DFEH
The Department of Fair Employment and Housing’s statutory mandate is to protect the people
of California from discrimination in employment, housing, public accommodations, and state-
funded programs and activities, and from bias-motivated violence and human trafficking,
pursuant to the California Fair Employment and Housing Act (FEHA), Equal Pay Act, Unruh Civil
Rights Act, Disabled Persons Act, Ralph Civil Rights Act, Trafficking Victims Protection Act, and
Government Code section 11135.
The FEHA (Gov. Code, § 12900 et seq.) prohibits workplace discrimination and harassment on
the basis of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, sex (including pregnancy,
childbirth, or related medical conditions), gender, gender identity, gender expression, age,
sexual orientation, and military and veteran status, or because another person perceives the
employee to have one or more of these characteristics.
Included in the FEHA is the California Family Rights Act (CFRA). Effective January 1, 2021, CFRA
applies to California state and local governments and to private employers of five or more
employees. However, during the period of this report (calendar year 2020), CFRA required state
and local governments and private employers of 50 or more employees to provide protected
leave of up to 12 work weeks in a 12-month period to eligible employees to care for their own
serious health condition or that of an eligible family member. Included as well is California’s
Pregnancy Disability Leave Act (PDLA), which requires an employer to provide employees
disabled by pregnancy, childbirth, or a related medical condition leave of up to four months and
the right to return to work. During the period of this report, the New Parent Leave Act required
employers of at least 20 employees to allow their employees to take up to 12 weeks of parental
leave to bond with a new child within one year of the child’s birth, adoption, or foster care
placement. As of January 1, 2021, the New Parent Leave Act is subsumed by the expanded
CFRA statute.
With regard to housing, the FEHA prohibits discrimination and harassment on the basis of race,
color, religion, sex (including pregnancy, childbirth, or related medical conditions), gender,
gender identity, gender expression, sexual orientation, marital status, military or veteran
status, national origin, ancestry, familial status, source of income, disability, and genetic
information, or because another person perceives the tenant or applicant to have one or more
of these characteristics.
The FEHA also mandates reasonable accommodation of religious beliefs or observances in the
workplace, including religious dress and grooming practices; requires employers and housing
providers to reasonably accommodate persons with disabilities; and prohibits covered entities
from retaliating against any person because the person opposed practices forbidden by the
20 / DFEH 2020 ANNUAL REPORT
FEHA or filed a complaint, testified, or assisted in any DFEH or court proceeding related to a
FEHA claim.
The Unruh Civil Rights Act (Civ. Code, § 51) prohibits business establishments in California from
discriminating in the provision of services, accommodations, advantages, facilities and
privileges to clients, patrons and customers because of their sex, race, color, religion, ancestry,
national origin, disability, medical condition, genetic information, marital status, sexual
orientation, citizenship, primary language, or immigration status.
Similarly, the Disabled Persons Act (Civ. Code, § 54 et seq.) provides that individuals with
disabilities or medical conditions have the same right as the general public to the full and free
use of streets, highways, sidewalks, walkways, public buildings, medical facilities (including
hospitals, clinics, and physicians’ offices), and privileges of all common carriers, airplanes,
motor vehicles, railroad trains, motorbuses, streetcars, boats, or any other public conveyances
or modes of transportation (whether private, public, franchised, licensed, contracted, or
otherwise provided), telephone facilities, adoption agencies, private schools, hotels, lodging
places, places of public accommodation, amusement, or resort, and other places to which the
general public is invited, subject only to the conditions and limitations established by law, or
state or federal regulation, and applicable alike to all persons.
The Ralph Civil Rights Act (Civ. Code, § 51.7) guarantees the right of all persons within California
to be free from any violence, or intimidation by threat of violence, committed against their
persons or property because of political affiliation, or on account of sex, race, color, religion,
ancestry, national origin, disability, medical condition, genetic information, marital status,
sexual orientation, citizenship, primary language, or immigration status, or position in a labor
dispute, or because another person perceives them to have one or more of these
characteristics.
DFEH has jurisdiction to investigate and prosecute violations of the California Trafficking Victims
Protection Act (Civ. Code, § 52.5). The law provides a civil cause of action for victims of human
trafficking, defined by California law as the deprivation or violation of the personal liberty of
another person with the intent to obtain forced labor or services, including sex.
DFEH also has jurisdiction to investigate and prosecute violations of statutes (Gov. Code, §
11135 et seq.) prohibiting discrimination against recipients of state funding in their activities or
programs because of sex, gender (including pregnancy, childbirth, breastfeeding, or related
medical conditions), race, color, gender identity, gender expression, religion, creed, ancestry,
national origin, ethnic group identification, age, physical disability, mental disability, medical
condition, genetic information, marital status, or sexual orientation.
21 / DFEH 2020 ANNUAL REPORT
APPENDIX B: COMPLAINTS FILED BY BASES
TABLE 1: EMPLOYMENT COMPLAINT BASES
Age (40 and over)
1,174
Ancestry
596
Association with someone of a protected class
123
Baby Bonding Leave (employers of 20 - 49 people)
20
Color
528
Disability
2350
Family Care or Medical Leave (CFRA)
701
Gender identity or expression
112
Genetic information or characteristic
24
Marital status
104
Medical condition (cancer or genetic characteristic)
144
Military and veteran status
48
National origin (includes language restrictions)
621
Other
223
Participated as a witness in a discrimination or harassment
complaint
162
Pregnancy, childbirth, breast feeding, and/or related medical conditions
255
Race
1548
Religious creed (includes dress and grooming practices)
208
Reported or resisted any form of discrimination or harassment
2333
Reported patient abuse (hospital employees only)
19
Requested or used a disability-related accommodation
1167
Requested or used a religious accommodation
61
Requested or used pregnancy disability related accommodation
126
Sex/Gender
1638
Sexual harassment- Quid Pro Quo
98
Sexual harassment- hostile environment
613
Sexual orientation
269
TOTAL BASES* 15265
TOTAL CASES
4422
(Requests for Immediate Right-to-Sue not included)
* Total number of bases exceeds the total number of complaints filed because a complaint may
be filed on more than one basis.
22 / DFEH 2020 ANNUAL REPORT
TABLE 2: EMPLOYMENT RIGHT-TO-SUE BASES
Age (40 and over)
6,622
Ancestry
2,346
Association with a member of a protected class
4,016
Baby Bonding Leave (employers of 20 - 49 people)
1,135
Color
3,410
Criminal History
299
Disability (physical or mental)
12,649
Family Care or Medical Leave (CFRA)
9,592
Gender identity or expression
1,426
Genetic information or characteristic
1,069
Marital status
1,048
Medical condition (cancer or genetic characteristic)
5,789
Military and veteran status
308
National origin (includes language restrictions)
3,673
Other
6,811
Participated as a witness in a discrimination or harassment complaint
2,616
Pregnancy, childbirth, breast feeding, and/or related medical conditions
941
Race
5,915
Religious Creed - Includes dress and grooming practices
982
Reported or resisted any form of discrimination or harassment
7,952
Reported patient abuse (hospital employees only)
210
Requested or used a disability-related accommodation
4,797
Requested or used a pregnancy-disability-related accommodation
541
Requested or used a religious accommodation
250
Sex/Gender
7,404
Sexual harassment- Quid Pro Quo
2,371
Sexual harassment- hostile environment
5,597
Sexual orientation
1,505
TOTAL BASES
*
101,274
TOTAL CASES
13,708
*The total number of cases exceeds the total number of cases because a complaint may be filed
on more than one bases.
23 / DFEH 2020 ANNUAL REPORT
TABLE 3: HOUSING COMPLAINT BASES
Ancestry
15
Association with someone of a protected class
31
Color
68
Disability
650
Familial status (Children)
106
Gender identity or expression
16
Marital status
21
Military and veteran status
7
National origin (includes language restrictions)
83
Other
8
Race
177
Religious creed (includes dress and grooming practices)
23
Reported or resisted any form of discrimination or harassment
70
Requested or used a disability-related accommodation
112
Sex/Gender
112
Sexual harassment- Hostile environment
0
Sexual harassment- Quid Pro Quo
16
Sexual orientation
55
Source of income
82
TOTAL BASES* 1652
TOTAL CASES
880
*The total number of cases exceeds the total number of cases because a complaint may be filed
on more t
han one basis.
24 / DFEH 2020 ANNUAL REPORT
TABLE 4: RALPH CIVIL RIGHTS ACT COMPLAINT BASES
Age (40 and over)
2
Ancestry
12
Association with someone of a protected class
1
Color
12
Disability
9
Gender Identity or Expression
0
Genetic Information or Characteristic
0
Marital status
1
Medical Condition (cancer or genetic characteristic)
0
National origin (includes language restrictions)
13
Political Affiliation
3
Position in a Labor Dispute
0
Pregnancy, childbirth, breast feeding, and/or related medical condition
0
Race
22
Religious creed (includes dress and grooming practices)
4
Sex/Gender
50
Sexual orientation
16
TOTAL BASES* 145
TOTAL CASES 85
*The total number of cases exceeds the total number of cases because a complaint may be filed
on more than one bases.
25 / DFEH 2020 ANNUAL REPORT
TABLE 5: UNRUH CIVIL RIGHTS ACT COMPLAINT BASES
Age (40 and over)
1
Ancestry
14
Association with someone of a protected class
1
Citizenship
5
Color
42
Disability
133
Gender identity or expression
8
Genetic information or characteristic
1
Immigration Status
6
Medical condition (cancer or genetic characteristic)
3
National origin (includes language restrictions)
26
Other
14
Primary Language
5
Race
86
Religious creed
11
Sex/Gender
33
Sexual orientation
9
TOTAL BASES* 398
TOTAL CASES 245
*The total number of cases exceeds the total number of cases because a complaint may be filed
on more than one bases.
26 / DFEH 2020 ANNUAL REPORT
TABLE 6: GOVERNMENT CODE 11135 COMPLAINT BASES
Age
0
Disability
11
Genetic information or characteristic
8
Medical condition
8
National origin (includes language restrictions)
5
Race
4
Religious creed (includes dress and grooming practices)
1
Sex/Gender (includes gender identity or expression)
16
Sexual orientation
1
TOTAL BASES* 58
TOTAL CASES 19
*The total number of cases exceeds the total number of cases because a complaint may be filed
on more t
han one bases.
27 / DFEH 2020 ANNUAL REPORT
APPENDIX C: COUNTY OF VIOLATION FOR
COMPLAINTS FILED
County of
Violation
CC54
Criminal
History in
Employment
Decisions
Employment
GC11135
Housing
Ralph
Right-to-Sue
Sexual
Harassment
Prevention
Training
Unruh
Total
Los Angeles
1
31
926
1
294
26
4164
2
66
5511
Orange
1
2
239
0
68
4
1299
0
34
1647
San Diego
0
8
244
0
71
2
742
0
11
1078
San
Bernardino
1
10
200
2
25
4
598
0
10
850
Sacramento
0
9
374
7
51
5
369
1
14
830
Alameda
0
5
282
0
42
4
413
0
11
757
San
Francisco
2
12
213
2
30
3
422
0
17
701
Riverside
2
6
160
0
26
3
471
0
5
673
Santa Clara
0
6
236
1
33
1
375
0
10
662
Kern
0
0
120
0
12
1
163
0
6
302
Contra
Costa
1
5
102
0
20
2
162
0
1
293
San Mateo
0
2
98
0
7
2
173
0
4
286
Ventura
0
1
57
2
10
4
193
0
7
274
Fresno
0
4
123
0
9
1
134
0
2
273
San Joaquin
0
0
113
0
10
2
100
0
1
226
Santa
Barbara
0
5
32
0
10
0
100
0
0
147
Placer
0
0
41
0
3
2
96
0
2
144
Sonoma
0
0
50
0
7
4
79
0
3
143
Stanislaus
0
2
53
0
8
1
67
0
2
133
Solano
1
1
66
0
8
1
42
0
9
128
Monterey
0
1
61
0
9
1
53
0
2
127
Marin
0
2
43
0
8
1
57
0
0
111
Yolo
0
0
40
1
14
1
46
0
2
104
Tulare
0
0
41
0
3
1
50
0
1
96
San Luis
Obispo
0
0
35
1
6
1
34
0
0
77
Santa Cruz
0
0
26
0
10
2
34
0
1
73
Shasta
0
0
28
0
6
2
26
0
0
62
28 / DFEH 2020 ANNUAL REPORT
Butte
0
1
23
0
4
1
32
0
0
61
Merced
0
0
18
0
3
0
33
1
1
56
Kings
0
1
22
2
3
0
25
0
0
53
Napa
0
0
26
0
1
0
21
0
0
48
Imperial
0
0
15
0
2
0
22
0
3
42
Humboldt
0
0
16
0
4
0
14
0
1
35
Madera
0
0
15
0
1
0
13
0
0
29
Mendocino
0
0
12
0
0
1
15
0
0
28
El Dorado
0
0
12
0
1
0
10
0
3
26
Sutter
0
0
8
0
0
0
15
0
0
23
Lake
0
0
4
0
3
0
9
0
1
17
Calaveras
0
0
8
0
2
0
5
0
0
15
Nevada
0
0
9
0
1
0
4
0
0
14
San Benito
0
0
6
0
1
0
6
0
0
13
Del Norte
0
0
9
0
2
0
1
0
0
12
Amador 0
0
8
0
0
0
3
0
0
11
Tuolumne
0
0
6
0
0
0
5
0
0
11
Lassen
0
0
2
0
0
0
7
0
1
10
Tehama
0
0
4
0
1
0
5
0
0
10
Yuba
0
0
7
0
1
0
2
0
0
10
Siskiyou
0
0
5
0
1
0
2
0
0
8
Glenn
0
0
1
0
2
0
4
0
0
7
Plumas
0
0
3
0
0
0
3
0
0
6
Inyo
0
0
3
0
0
0
0
0
1
4
Mariposa
0
0
2
0
0
0
2
0
0
4
Modoc
0
0
1
0
0
0
2
0
0
3
Trinity
0
0
3
0
0
0
0
0
0
3
Colusa
0
0
2
0
0
0
0
0
0
2
Mono
0
0
1
0
0
0
1
0
0
2
Alpine
0
0
0
0
0
0
0
0
0
0
Sierra
0
0
0
0
0
0
0
0
0
0
29 / DFEH 2020 ANNUAL REPORT
APPENDIX D: DEMOGRAPHIC INFORMATION – RACE
CC54
Criminal
History in
Employment
Decisions
Employment
GC11135
Housing
Ralph
Right-to-Sue
Sexual
Harassment
Prevention
Training
Unruh
American Indian,
Native American
or Alaska Native
0 2 102 1 12 3 40 0 3
Asian
0 3 298 0 30 3 158 0 18
Black or African
American
0 21 925 1 177 19 525 1 71
Native Hawaiian
or Other Pacific
Islander
0 4 44 0 1 1 22 0 2
White
2 49 1254 6 211 18 861 2 69
Other
0 24 632 1 82 10 494 0 12
TOTAL 2 103 3255 9 513 54 2100 3 175
30 / DFEH 2020 ANNUAL REPORT
APPENDIX E: DEMOGRAPHIC INFORMATION –
NATIONAL ORIGIN
CC54
Criminal
History in
Employment
Decisions
Employment
GC11135
Housing
Ralph
Right-
to-Sue
Sexual
Harassment
Prevention
Training
Unruh
Total
Afghani
0
0
7
0
0
0
6
0
0
13
American [U.S.]
2
62
1782
5
254
28
941
3
106
3183
Asian Indian
0
0
31
0
0
0
25
0
0
56
Bangladeshi
0
0
4
0
0
0
2
0
0
6
Cambodian
0
0
6
0
0
0
3
0
0
9
Canadian
0
0
12
0
2
0
1
0
0
15
Chinese
0
0
34
0
5
0
14
0
2
55
Cuban
0
0
8
0
1
0
6
0
1
16
Dominican
0
0
3
0
0
0
0
0
0
3
Egyptian
0
0
12
0
2
0
7
0
1
22
English
0
1
85
0
18
1
20
0
1
126
Ethiopian
0
0
9
0
1
0
1
0
2
13
Fijian
0
1
10
0
0
0
3
0
0
14
Filipino
0
1
81
0
5
0
21
0
1
109
German
0
1
24
0
3
0
13
0
0
41
Ghanaian
0
0
2
0
0
0
1
0
0
3
Guamanian
0
0
4
0
0
0
2
0
0
6
Haitian
0
0
0
0
0
0
0
0
1
1
Hawaiian
0
0
1
0
0
0
1
0
1
3
Hmong
0
0
6
0
1
0
1
0
0
8
Indonesian
0
0
3
0
0
0
1
0
0
4
Iranian
0
0
34
1
7
0
25
0
0
67
Iraqi
0
0
1
0
0
0
1
0
0
2
Irish
0
1
22
0
10
1
4
0
1
39
Israeli
0
0
8
0
0
0
5
0
0
13
Italian
1
0
26
0
5
1
14
0
0
47
Jamaican
0
0
6
0
1
0
4
0
1
12
Japanese
0
0
9
0
3
0
4
0
0
16
31 / DFEH 2020 ANNUAL REPORT
Korean
0
2
8
0
3
0
6
0
0
19
Laotian
0
0
3
0
1
0
1
0
0
5
Lebanese
0
0
4
0
2
0
2
0
0
8
Malaysian
0
0
3
0
0
0
1
0
0
4
Mexican
0
14
363
4
46
15
240
0
5
687
Nigerian
0
0
16
0
4
3
15
0
0
38
Pakistani
0
0
14
0
1
0
9
0
5
29
Puerto Rican
0
0
14
0
1
0
13
0
1
29
Salvadoran
0
1
31
0
3
1
28
0
0
64
Samoan
0
0
2
0
1
0
3
0
0
6
Sri Lankan
0
0
1
0
0
0
0
0
0
1
Syrian
0
0
7
0
0
0
2
0
0
9
Taiwanese
0
0
8
0
1
0
2
0
0
11
Thai
0
0
3
0
0
0
5
0
0
8
Vietnamese
0
1
31
0
4
1
16
0
2
55
Other African
0
1
23
0
5
0
8
0
4
41
Other Asian
0
0
13
0
1
0
10
0
2
26
Other Caribbean
0
0
4
0
0
0
4
0
0
8
Other European
0
4
37
0
15
0
14
0
1
71
Other
Hispanic/Latino
0 1 103 0 16 1 56 0 3 180
Other Middle
Eastern
0 0 19 0 2 0 11 0 1 33
Other
0
4
53
1
9
1
30
0
4
102
TOTAL 3 95 2990 11 433 53 1602 3 146 5336
