"Contra Costa Employment Attorneys"
The State Bar of California Labor & Employment Law Section 2009 Annual Meeting · October 23-24, 2009 Phyllis W. Cheng, Director Department of Fair Employment & Housing Commemorating the 50 th Anniversary of the FEHA & California’s Civil Rights Year A Tribute to Legends and Pioneers of the FEHA & Civil Rights The Beginning Threatened March on Washington In 1941, civil rights leaders March on Washington Flyer organized a 100,000-person march to Washington to protest against discrimination in the defense industries. Cottrell Laurence “C. L.” Dellums, a Californian and leader of the Brotherhood of Sleeping Car Porters, was one of the organizers. Executive Order 8802 President Franklin D. Roosevelt issued Executive Order 8802 to establish a national Fair Employment Practices Commission to handle complaints of race, creed, color or national origin discrimination. In 1945, the national Commission disbanded. FDR National FEPC Early Pioneers March on Sacramento From 1945-1958, Assemblymen Augustus Hawkins’ and Byron Rumford’s California’s FEP bills were defeated. In 1946, Californians rejected Proposition 11 to adopt a FEP measure. In 1953, the California Committee for Fair Employment Practices mounted a March on Sacramento for FEP legislation. Cal Committee Hawkins Rumford Dellums Fair Employment Practices Act On April 16, 1959, Governor Pat Brown signed into law California’s Fair Employment Practices Act (FEPA). FEPA took effect September 18, 1959. Governor Pat Brown signs the Fair Employment Practices Act into law on April 16, 1959. Joining the ceremony (left to right) are: William Becker, Jewish Labor Committee; Senator Richard Richards (D-LA County); Neil Haggerty, California Labor Federation; Senator George Miller (D-Contra Costa County); Nathan Colley, NAACP; Assemblymember Byron Rumford (D-Berkeley and Oakland); C.L. Dellums, Sleeping Car Porters and NAACP; Max Mont, Jewish Labor Committee; Assemblymember Augustus Hawkins (D-LA); and Franklin Williams, NAACP Fair Employment Practices Commission & Division of Fair Employment Practices The FEPA established a five-member Fair Employment and Practices Commission (FEPC) appointed by the Governor. The FEPA established an administrative agency, the Division of Fair Employment and Practices, housed in the Department of Industrial Relations, to carry out the policies of the Commission. Fair Employment and Housing Act • In 1980, Governor Jerry Brown and the Legislature reorganized civil rights enforcement. • The FEPA and the Rumford Act were combined and renamed as the FEHA to protect Californians from both employment and housing discrimination. • The Department of Fair Employment and Housing (DFEH) investigates, conciliates and prosecutes discrimination complaints; • The Fair Employment and Housing Commission (FEHC) adjudicates these claims and promulgates regulations. Governor Jerry Brown The FEHA’s Protections Today • FEHA Protections: discrimination, harassment, Retaliation. • Bases: age, ancestry, color, disability, family leave, marital status, medical Condition, National Origin, Race, Religion, Sex, Sexual Orientation. • Remedies: hiring, back pay, promotion, reinstatement, cease and desist orders, damages for emotional distress, reasonable attorneys fees and costs, expert witness fees, administrative fines and court ordered punitive damages. Aileen Clark Hernández • Organizer, International Ladies' Garment Workers' Union. • Deputy Chief of the California Division of Fair Employment Practices under Governor Pat Brown. • Commissioner, EEOC. • President, NOW. • Founder and President, Aileen C. Hernández Aileen Hernandez Associates. The Honorable Judge Alice Lytle Chief, Division of Fair Employment Practices, under the FEPA, under Governor Jerry Brown. Secretary, State and Consumer Services Agency, oversaw the reorganization of civil rights enforcement under the FEHA. Judge, Sacramento County Municipal and Superior Courts. Hon. Alice Lytle Marian M. Johnston • Supervising Deputy Attorney General, Civil Rights Enforcement Unit, California Department of Justice under Attorney General John Van de Kamp. • Shareholder, Eisen & Johnston. • Protected FEHA pregnancy disability leave in California Federal Savings & Loan Assoc. v. Guerra (1987) 479 U.S. 272, and numerous other FEHA landmark cases. Marian Johnston Lydia I. Beebe • Appointed by Governor Pete Wilson to the California Fair Employment and Housing Commission in 1991. • Served for eight years and was the Commission’s Chairperson from 1995 through 1999. • Corporate Secretary and Chief Governance Officer of Chevron Corporation. Lydia Beebe Civil Rights Heroes •