No. The policy is not required, but the duties behind the claims are. Under the Fair Employment and Housing Act, the discrimination provisions reach employers with five or more employees. The harassment provisions apply to a workplace of any size, including one with a single employee or contractor. Complaints go to the California Civil Rights Department, and a complainant may request an immediate right-to-sue notice and file in court. FEHA does not carry the federal statutory damage caps, which is part of why severity runs higher here. Current as of August 2026.
Related FAQs
Yes, certain claims can come from applicants. EPLI may respond depending on the allegation.
Good practices reduce risk but do not prevent claims from being filed. Defense alone can be costly, which is why many careful employers carry it.
Sometimes the defense, almost never the wages. Some carriers exclude wage and hour claims outright. Others add an endorsement with a sublimit that pays defense costs only, which stops ...

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