California Fair Employment and Housing Council

California Fair Employment and Housing Council
Name	California Fair Employment and Housing Council
Formation	1959
Jurisdiction	California
Headquarters	Sacramento, California
Parent agency	California Department of Fair Employment and Housing

Contents

California Fair Employment and Housing Council The California Fair Employment and Housing Council is a regulatory body within the California Department of Fair Employment and Housing that adopts regulations to implement state civil rights statutes such as the Fair Employment and Housing Act, the Unruh Civil Rights Act, and the California Fair Employment and Housing Act. It issues rules affecting employers, housing providers, labor unions, and public accommodations across Los Angeles, San Francisco, San Diego, Sacramento, and other jurisdictions, coordinating with entities like the California Attorney General, the California Legislature, the California Supreme Court, and federal agencies including the Equal Employment Opportunity Commission and the United States Department of Housing and Urban Development. The Council’s actions have intersected with landmark matters involving organizations such as Kaiser Permanente, Walmart, Google, Apple Inc., Facebook, and unions like the Service Employees International Union.

Overview

The Council was created to promulgate regulations under the Fair Employment and Housing Act and to advise the California Civil Rights Department. Its rulemaking informs enforcement actions involving employers such as Bank of America, Chevron Corporation, Wells Fargo, and AT&T, as well as housing disputes implicating entities like Zillow Group, Realogy, AvalonBay Communities, and Equity Residential. The Council’s regulations touch on protected classes recognized in statutes alongside cases adjudicated by venues including the United States Court of Appeals for the Ninth Circuit, the United States District Court for the Northern District of California, and state trial courts in counties such as Los Angeles County, Alameda County, and San Diego County.

The Council’s authority stems from legislative enactments passed by the California State Legislature and codified in the California Government Code and the California Civil Code. It interprets statutes through regulatory text that complements rulings by the California Court of Appeal and the California Supreme Court in disputes like those involving plaintiffs represented by firms such as Covington & Burling, Gibson, Dunn & Crutcher, and public interest groups like the ACLU and the Mexican American Legal Defense and Educational Fund. The Council issues guidance that affects covered entities from Tesla, Inc. to University of California campuses, and coordinates with federal counterparts including the Department of Justice (United States), the Department of Labor (United States), and the National Labor Relations Board.

Rulemaking follows procedures in the California Administrative Procedure Act and involves notices in the California Regulatory Notice Register, public hearings in venues such as Los Angeles Convention Center and the Eisenhower Theater, and comment periods that attract stakeholders including California Chamber of Commerce, California Teachers Association, California Nurses Association, and advocacy groups like Human Rights Campaign and National Fair Housing Alliance. The Council’s rulemaking often references precedent from the United States Supreme Court, the Ninth Circuit, and state courts, and is informed by reports from agencies like the California Legislative Analyst's Office and academic research from institutions such as Stanford University, University of California, Berkeley, Harvard University, and Yale Law School.

Enforcement of regulations lies largely with administrative hearings before bodies like the California Office of Administrative Hearings and through litigation in state and federal courts, often involving plaintiff counsels from firms such as Skadden, Arps, Slate, Meagher & Flom and nonprofit litigators from Public Counsel and Legal Aid at Work. The Council’s rules shape compliance obligations for employers and landlords including McDonald's, Starbucks, IKEA, Target Corporation, and property managers represented by trade groups like the National Multifamily Housing Council and California Apartment Association. Outcomes can prompt remedial measures including training programs developed by organizations such as Society for Human Resource Management and Equal Employment Advisory Council.

The Council is composed of appointed members drawn from the private and public sectors, whose confirmations may involve the Governor of California and testimony to committees of the California State Senate and the California State Assembly. Leadership has interacted with state officials including the Governor's Office of Planning and Research and executive staff from the California Department of Human Resources (CalHR). Its meetings attract participation from legal scholars from UC Hastings College of the Law, practitioners from bar associations like the State Bar of California, and representatives from civic bodies including the League of California Cities.

Council regulations have been at issue in significant litigation affecting employment and housing law alongside landmark decisions by courts such as the California Supreme Court and the United States Supreme Court. Doctrinal areas influenced include harassment law, disability accommodation linked to the Americans with Disabilities Act, and familial status protections intersecting with the Fair Housing Act. Cases implicating Council rules have impacted industries from technology firms like Meta Platforms, Inc. to healthcare systems like Sutter Health and academic employers such as California State University campuses.

Critics including business groups like the California Business Roundtable, conservative advocacy organizations such as the Pacific Legal Foundation, and editorial boards of publications like the Los Angeles Times and San Francisco Chronicle have argued for reform to increase regulatory clarity and reduce compliance costs for employers and landlords including franchise operators like Dunkin'' and Subway. Proposals for reform have involved legislative initiatives in the California Legislature, oversight hearings before the California Senate Judiciary Committee, and recommendations by commissions including the Little Hoover Commission and the Zevin Commission.

Category:California administrative law