Since the 1959 enactment of California’s Fair Employment and Housing Act (FEHA), the statewide Civil Rights Department (CRD) (formerly the Department of Fair Employment and Housing or DFEH) has been the sole authority to enforce workplace discrimination laws.  SB 1340 now permits cities and counties to enact and enforce local ordinances prohibiting discrimination so long as:

1. The local enforcement concerns an employment complaint filed with the CRD;
2. The CRD has issued a “right-to-sue notice” to the complaining party;
3. The deadline specified in that notice has not expired; and
4. The local ordinance is at least as protective as state anti-discrimination law.

The law allows a complaining party two possible bites at the apple.  If that person chooses not to combine FEHA and other state claims with the local ordinance claim, his/her right to file a state law claim is on hold (tolled).  That individual then has the option of later going to court on FEHA or other statewide grounds.

For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.

Take-Aways:

SB 1340 is yet another reason employers must carry clear prevention and resolution policies and regularly train all management and staff in their enforcement.

See Also:

• Unsplitting Hairs: Race Discrimination Clarified (Nov. 8, 2024)
• Annual Virtual Seminar, Employment Legal Essentials and New Workplace Laws, Friday, January 17, 2025, Friday, February 28, 2025 (October 31, 2024)
• Understanding Harassment: Mandatory Sexual Harassment Prevention Training (September 26, 2024)
• 72 Million Reasons Not to Mess with Women: Employer Agrees to End Widespread Sex Discrimination (February 16, 2024)

Helena Kobrin
November 15, 2024