Workplace retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity, such as reporting discrimination or harassment, filing a complaint, or participating in an investigation. California law prohibits workplace retaliation, and employees who have suffered retaliation have legal rights and protections.
If you believe you have experienced retaliation in the workplace, it is important to know that you do not have to suffer in silence. At Bridgford, Gleason & Artinian, our experienced California workplace retaliation lawyers are dedicated to helping employees fight back against retaliation and seek justice for the harm they have suffered. Contact us today for your free consultation.
What is California Workplace Retaliation?
California workplace retaliation is the act of an employer or supervisor taking adverse action against an employee for engaging in protected activity, such as reporting discrimination or harassment, filing a complaint, or participating in an investigation. The adverse action can include termination, demotion, a pay cut, reduced hours, denial of promotions or benefits, or other negative treatment. California law prohibits workplace retaliation and provides legal protections for employees who have been retaliated against. These protections apply to both public and private sector employees and are designed to ensure that employees are not discouraged from speaking out against illegal or unethical practices in the workplace. If you believe that you have been retaliated against in the workplace, our California employment lawyers can help you seek justice.
Examples of California Workplace Retaliation
- An employee files a complaint with HR about sexual harassment from their supervisor. After the complaint is filed, the supervisor denies the employee’s request for time off and reduces their work hours, making it difficult for the employee to perform their job duties.
- An employee reports workplace safety violations to Cal/OSHA. After the report is made, the employee’s supervisor starts giving them negative performance evaluations, assigns them menial tasks, and makes negative comments about their work in front of other employees.
- An employee informs their employer that they have a disability and requests a reasonable accommodation. After the request is made, the employer denies the accommodation and starts micromanaging the employee’s work, threatening to fire them for any mistakes, and increasing their workload.
- An employee participates in an investigation into their employer’s illegal activities. After the investigation is completed, the employer demotes the employee, reduces their pay, and starts giving them menial tasks, making it clear that the demotion was in retaliation for the employee’s participation in the investigation.
Laws Against Workplace Retaliation in California
California has several laws that protect employees from workplace retaliation, including:
- California Fair Employment and Housing Act (FEHA): FEHA prohibits retaliation against employees who engage in protected activity, such as filing a complaint of discrimination or harassment, opposing discriminatory practices, or participating in an investigation or legal proceeding related to discrimination.
- California Labor Code: The California Labor Code provides legal protections to employees who report workplace safety violations, engage in whistleblowing activities, or take family or medical leave under the California Family Rights Act or the federal Family and Medical Leave Act.
- California Occupational Safety and Health Act (Cal/OSHA): Cal/OSHA provides legal protections to employees who report workplace safety violations, injuries, or illnesses.
- National Labor Relations Act (NLRA): The NLRA protects employees’ rights to engage in protected concerted activity, which includes discussing pay and working conditions with coworkers and forming or joining a union.
Governing Agencies for Workplace Retaliation in California
In California, the primary agency responsible for enforcing workplace retaliation laws is the California Department of Fair Employment and Housing (DFEH). The DFEH is responsible for enforcing the California Fair Employment and Housing Act (FEHA), which prohibits retaliation against employees who engage in protected activity, such as reporting discrimination or harassment, filing a complaint, or participating in an investigation.
Additionally, the California Labor Commissioner’s Office, which is part of the California Department of Industrial Relations, enforces laws related to workplace retaliation, including those related to wage and hour violations, whistleblowing, and family and medical leave. The California Division of Occupational Safety and Health (Cal/OSHA) is responsible for enforcing workplace safety laws, including laws that protect employees from retaliation for reporting safety violations.
At the federal level, the Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including laws related to retaliation. The National Labor Relations Board (NLRB) enforces laws related to protected concerted activity and union organizing.
Contact Our California Workplace Retaliation Lawyer Today
Workplace retaliation is a serious problem that affects employees across California. Fortunately, there are laws and legal remedies in place to protect employees who have experienced retaliation. If you believe that you have been retaliated against in the workplace, our California workplace retaliation lawyers can help you understand your legal options and protect your rights. At Bridgford, Gleason & Artinian, we have extensive experience representing employees who have suffered retaliation, and we are dedicated to fighting for our clients’ rights. Contact us today to schedule a consultation and learn how we can help you.