California Law: Title 7'S Applicability And Exemptions

California has its own set of laws and regulations, which differ from federal laws in some ways. For example, Title 7 of the Civil Rights Act of 1974 is a federal law that prohibits workplace discrimination and harassment based on sex, race, colour, religion, and national origin. California's equivalent is the Fair Employment and Housing Act (FEHA), which covers the same protected classes as Title 7 but includes additional categories such as age, disability, and gender expression. This paragraph introduces the topic of whether California law or Title 7 applies in the state, highlighting the key differences between the two legal frameworks.

Planning and Land Use

California's Government Code Title 7 covers Planning and Land Use, with sections on planning and zoning, subdivisions, and official maps. The code is divided into three divisions, each covering a specific aspect of land use and planning.

Division 1, Planning and Zoning, spans Sections 65000 to 66342 (or 66301 in the 2023 version) and includes provisions for the Office of Planning and Research, Regional Planning Districts, Long-Range Transportation Planning, Congestion Management, and Local Planning. It also covers Zoning Regulations, Housing Development Approvals, Density Bonuses, and the Review and Approval of Development Projects.

Division 2, Subdivisions, covers Sections 66410 to 66499.41 (or 66499.38 in the 2016 version). This division deals with the specific requirements and processes for creating and managing subdivisions of land.

Division 3, Official Maps, covers Sections 66499.50 to 66499.58. This division pertains to the creation, correction, and amendment of official maps, which are essential tools for planning and land use decisions.

The Planning and Land Use laws under Title 7 are subject to periodic revisions, with the most recent version being from 2023. It is important to refer to the official sources for the most current and accurate information, as the laws and regulations may undergo changes over time.

Workplace Discrimination

In California, the Fair Employment and Housing Act (FEHA) is the state's version of Title VII. FEHA applies to employers with five or more employees and covers additional protected characteristics, including age (40 years and over), disability, gender expression and identity, and marital status.

Both Title VII and FEHA prohibit discrimination in various business practices, including working conditions, compensation, hiring, promoting, transferring, terminating, and screening.

If an employee believes their employer has engaged in discrimination, they may pursue legal claims such as disparate treatment, disparate impact, quid pro quo sexual harassment, retaliation, and negligence.

It is important to note that the laws may differ slightly between Title VII and FEHA, and employees should consult with an attorney to understand their rights and which law applies to their specific case.

Harassment

Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and California's Fair Employment and Housing Act. California law defines sexual harassment as any behaviour or action of a sexual nature that creates a hostile, intimidating, or offensive work environment based on an employee's sex. Even a single incident can qualify as sexual harassment under this definition.

Under California law, offensive conduct constituting sexual harassment does not need to be motivated by sexual desire. It may be based on an employee's actual or perceived sex or gender identity, sexual orientation, pregnancy, childbirth, or related medical conditions. This includes gender-based harassment of a person of the same sex as the harasser and actions that subject co-workers to a hostile work environment.

Examples of sexual harassment under California law include:

• Offers of employment or other benefits in exchange for sexual favours
• Derogatory comments, slurs, epithets, or jokes
• Unwanted touching, such as back rubs, pats on the butt, pinching, or "accidental" brushes
• Unwanted sexual propositions
• Discussion of sexual acts
• Threats to reduce hours, benefits, rate of pay, or other adverse impacts if the victim does not comply with a sexual request
• Leering or rude gestures
• Displaying or "giving" sexually suggestive objects, pictures, cartoons, or posters
• Graphic comments, sexually degrading words, or obscene messages or invitations
• Impeding or blocking someone's movements

If you are a victim of sexual harassment in California, you have the right to recover monetary damages, including damages for emotional distress, hiring or reinstatement, back pay or promotion, and changes to employer policies or practices.

Additionally, under Title VII, victims may be entitled to monetary relief, such as reimbursement of expenses, lost wages, and compensation for pain, suffering, and emotional distress. Relief can also include injunctive relief, such as reinstatement of employment and changes to company policies.

Employment Law

Discrimination

Both federal Title VII and California's FEHA laws prohibit employment discrimination based on an individual's colour, race, sex, religion, or national origin. Title VII also covers sexual orientation and gender identity. California's FEHA laws also cover age (40 years and over), disability, gender expression and identity, and marital status.

Protected Individuals

Enforcement Agencies

The Equal Employment Opportunity Commission (EEOC) enforces federal laws like Title VII. The Department of Fair Employment and Housing (DFEH) investigates and mediates FEHA complaints related to workplace discrimination within the jurisdiction of the State of California. The EEOC can also investigate and mediate California employment discrimination cases.

Remedies for Employment Discrimination

California laws provide various remedies for employees subjected to employment discrimination, including reasonable accommodations, out-of-pocket expenses, hiring or reinstatement, and front and back pay for lost earnings.

Employment Verification

California law restricts employers from inquiring about a prospective employee's salary history during recruitment. Employers are typically allowed to reveal dates of employment, job title, and rehire eligibility during verification. California does not require employers to use E-Verify and imposes several restrictions on its use.

Workplace Safety

Employees are entitled to a safe workspace free from dangerous conditions that could cause injuries or illnesses.

Fair Wages

Employees are entitled to be paid fairly for the work performed, including overtime pay and meal breaks. California's minimum wage as of January 1, 2022, is $15 per hour for employers with 26 or more employees and $14 for employers with 25 or fewer.

Workplace Retaliation

Federal and state laws prohibit employers from punishing job applicants and employees for asserting their rights to participate in "protected activity". This includes filing a complaint, telling a supervisor about discrimination and/or harassment, refusing to follow orders that would result in discrimination, and resisting sexual advances.

Wrongful Termination

In California, most workers are employed "at will", meaning their employment can be terminated at any time without cause or justification. However, if an employee is fired in violation of an employment contract, for discriminatory reasons, or as retaliation for exercising their legal rights, the employer may be breaking the law.

Eminent Domain Law

California's eminent domain laws can be found in Title 7 of the Code of Civil Procedure. Eminent domain is the power of local, state, or federal government agencies to take private property for public use, as long as just compensation is paid to the owner.

The Process

The eminent domain process in California can only be stopped if the proposed taking does not meet the requirements for public purpose or public necessity. If the proposed taking does meet these requirements, the government agency must adopt a formal resolution, also known as a resolution of necessity, to acquire the property before commencing an eminent domain proceeding in court. The resolution of necessity must be adopted at a public hearing and the agency must find that:

• The project for which the property is to be acquired is necessary.
• The property is necessary for the public project.
• The project is located to offer the greatest public benefit with the least private detriment.
• An offer to purchase the property has been made.

The government agency must then obtain an appraisal and make an offer to the owner of the property, which is generally no less than the appraisal approved by the agency. The property owner is not required to accept this offer and can make a counter-offer or assert a higher value for the property once the eminent domain action is filed in court. If a settlement cannot be reached, a trial takes place before a jury who determines the fair market value of the property.

Almost any property can be taken for public projects such as parks, schools, flood control channels, courthouses, and bicycle paths. However, certain types of properties may be more at risk due to their proximity or usefulness for large-scale infrastructure projects. These include the construction of highways, major thoroughfares, and light rail lines; the erection of high-voltage power line towers; the installation of interstate pipelines; and the expansion of city limits over former agricultural or ranch land.

Who Has the Power of Eminent Domain?

States, counties, cities, transportation authorities, railroads, electric utilities, gas companies, water and sanitation districts, irrigation districts, school districts, housing authorities, certain non-profit hospitals, cemetery authorities, and various other entities authorized by statute.

Frequently asked questions