Retaliation occurs when employers take adverse employment actions against their employees for engaging in a legally protected activity. This extends to harassment, discrimination, wage violations, or unsafe working conditions. California law, through the Fair Employment and Housing Act (FEHA) and other statutes, provides strong protections against workplace retaliation.
What is Retaliation?
Employers cannot punish employees for engaging in activities which are protected under the law. This punishment can take many forms, including:
- Termination
- Demotion
- Reduction in pay or hours
- Denial of promotion
- Unjust negative performance reviews
- Unfavorable job assignments or transfers
An employer’s retaliation is unlawful if it follows an employee’s participation in a protected activity, which may include:
- Asking your employer for a reasonable accommodation for a disability
- Filing a complaint of harassment or discrimination
- Reporting a condition that is an unsafe working condition
- Submitting a claim connected to a wage and hour violation
- Participating in a workplace investigation
- Acting as a whistleblower by reporting illegal activities or refusing to participate in illegal conduct
Retaliation for Requesting Reasonable Accommodations
Employees with disabilities or religious beliefs that require reasonable accommodations are entitled to request those accommodations without fear of retaliation. California law mandates that employers engage in a timely and good-faith interactive process to determine appropriate accommodations.
Protections for Whistleblowers
Employees are protected under whistleblower laws. Employers may not retaliate against employees for:
- Reporting violations of state or federal law: Employers are not allowed to retaliate against employees who report conduct they reasonably believe is illegal in that it violates some state or federal statute or any local, state, or federal rule or regulation
- Refusing to engage in anything that is illegal on the employer’s behalf
Whistleblowers play a crucial role in ensuring companies comply with the law, and terminating an employee for engaging in whistleblowing activities may be grounds for a wrongful termination claim.
Retaliation For Reporting Harassment or Discrimination
Employees who report harassment or discrimination based on protected characteristics such as gender, race, age, disability, and others, are protected under California law from retaliation. Even if the complaint is not ultimately proven, the employee is still protected from retaliation, provided their complaint was made in good faith.
Retaliation for Reporting Wage and Hour Violations
California’s retaliation laws protect employees who file complaints regarding wage theft like unpaid overtime or failure to provide meal and rest breaks. Employers cannot punish workers for asserting their rights under wage and hour laws, including reporting violations to the California Labor Commissioner or seeking legal action to recover their unpaid wages.
How to Recognize Retaliation
Retaliation can sometimes be subtle. Employers may not always fire or demote an employee outright; instead, they might reduce hours, reassign the employee to undesirable shifts, or give them unfair performance reviews. If the timing of these adverse actions aligns closely with the employee’s protected activity, that may be proof of retaliation.
What Should You Do If You’re Facing Retaliation?
If you believe you are being retaliated against for asserting your rights, it’s important to take action:
- Document the Retaliation
- Report the Retaliation
- Contact an Employment Attorney like Sansanowicz Law Group
