There are two main categories of retaliation that occur in California. The first happens when you assert a right related to a protected category and your employer retaliates against you for doing so. FEHA lists the protected categories which include race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status. See Government Code § 12940(a). If an employee is discharged or otherwise suffers an adverse employment action (denied a promotion, demoted, etc.) because they opposed a practice of their employer that violated rights under FEHA, including filing a complaint or testifying in any proceeding brought under FEHA, they have suffered unlawful retaliation. The Department of Fair Employment and Housing maintains the authority to investigate complaints of discrimination in the area of employment. The National Labor Relations Board investigates complaints of the unfair labor practices by employers and unions.
The second main category of retaliation in California occurs when an employee discloses information to a government or law enforcement agency OR to a person with authority over the employee, or to another employee who has the authority to investigate. See California Labor Code § 1102.5. If you employer takes adverse action against you because you have disclosed information, as described above, they have unlawfully retaliated against you.
There are many other laws that prohibit retaliation and discrimination in California when the employee engages in certain activity. A few examples are: Filing a claim with the Labor Commissioner, taking time off for jury duty, taking time off to obtain help related to being a victim of domestic violence, time off to perform emergency duty as a volunteer firefighter, time off for parents to appear at their child’s school at the request of their teacher and many others. Also, an employer cannot report or threaten to report an employee’s (or a family member’s) citizenship or immigration status because they exercise a right under the Labor Code, the Government Code or the Civil Code. An employee who believes she or he has been denied reasonable accommodation to enroll and participate in an adult literacy education program may file a retaliation complaint with the Labor Commissioner’s office.
If you feel you have been retaliated against by your employer, call the Law Office of George Bean at 714-904-9338.
