Workplace Retaliation in California: Protecting Your Right to Speak Out

Introduction: Standing Up for Your Rights Without Fear

Employees in California are entitled to a workplace free from unlawful practices and have the fundamental right to assert their legal protections without fear of punishment from their employer.. It is unlawful for an employer to retaliate against an employee for engaging in protected activity such as reporting discrimination, requesting leave, or engaging in whistleblowing. 

At Brightwood Law Group, PC, we are committed to defending employees who have been unlawfully targeted for exercising their rights.

What is Workplace Retaliation?

Workplace retaliation occurs when an employer punishes an employee (or job applicant) for engaging in legally protected conduct. This can happen even if the underlying complaint or activity was ultimately found to be without merit, as long as the employee acted in good faith. The employer’s punitive action must be an “adverse employment action”—that is, any action that materially and adversely affects the terms, conditions, or privileges of employment, or is reasonably likely to deter employees from engaging in protected activity.

Examples of adverse employment actions include:

  • Termination, firing, or layoff
  • Demotion or denial of a deserved promotion
  • Unfavorable job transfer, reassignment, or significantly changed duties
  • Reduction in pay, hours, benefits, or bonus opportunities
  • Harassment, intimidation, or the creation of a hostile work environment
  • Unwarranted negative performance reviews or fabricated disciplinary actions
  • Ostracism, exclusion from important work activities, or being “set up to fail”
  • Blacklisting or providing negative job references to future employers

What is “Protected Activity”?

In legal parlance, “Protected activity” refers to a broad range of actions an employee can take that are shielded by law from employer retaliation. If you engage in any of the following good faith activities, your employer cannot legally punish you for it:

  • Reporting or Opposing Discrimination or Harassment: This includes making internal complaints to HR or management, or external complaints to agencies like the California Civil Rights Division (CRD) (formerly DFEH) or the Equal Employment Opportunity Commission (EEOC), regarding treatment you reasonably believe to be discriminatory or harassing based on race, gender, age, disability, religion, sexual orientation, or other protected characteristics.
  • Participating in Discrimination/Harassment Investigations: Cooperating as a witness or providing information in any internal or external investigation.
  • Requesting Reasonable Accommodations: Asking for a reasonable accommodation for a known disability or for a sincerely held religious belief or practice.
  • Taking or Requesting Protected Leave: Requesting or taking leave under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), or other legally protected leave.
  • Reporting Unsafe Working Conditions: Raising concerns about workplace safety or health hazards, either internally or to agencies like Cal/OSHA.
  • Asserting Wage and Hour Rights: Complaining about, or filing a claim for, unpaid wages, overtime, minimum wage violations, or meal and rest break violations.
  • Whistleblowing: Reporting activities by your employer that you reasonably believe violate local, state, or federal laws, rules, or regulations, or refusing an employer’s directive to engage in illegal activity.
  • Engaging in Concerted Activity: Discussing wages, hours, or other terms and conditions of employment with coworkers for mutual aid or protection.
  • Filing a Workers’ Compensation Claim: Seeking benefits after a workplace injury.

Key Anti-Retaliation Laws Protecting California Employees

The following are key laws prohibiting workplace retaliation in California:  

  • California Fair Employment and Housing Act (FEHA): FEHA makes it unlawful for an employer to retaliate against any employee for opposing practices forbidden by FEHA (such as discrimination or harassment) or for filing a complaint, testifying, or assisting in any FEHA proceeding.
  • California Labor Code: California’s Labor Code offers numerous protections for retaliation, including:  
    • Section 1102.5: This section provides broad protection for whistleblowers.
    • Section 98.6: This section prohibits retaliation against employees for filing wage claims, complaints about workplace safety, or exercising other rights under the Labor Code.
    • Section 6310: This section prohibits employees who complain about workplace safety and health conditions.
  • Federal Laws: Major federal employment statutes such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Occupational Safety and Health Act (OSHA) also protect against retaliation.

Examples of Workplace Retaliation Scenarios

  • An employee is terminated just days after submitting a formal complaint to Human Resources about ongoing sexual harassment by a supervisor.
  • After requesting a reasonable accommodation for a recently disclosed disability, an employee with a consistent history of positive performance evaluations suddenly begins receiving unwarranted negative reviews and is denied a promotion.
  • An employee who participated as a witness in a coworker’s racial discrimination lawsuit is subsequently reassigned to a less desirable shift and location with diminished responsibilities.
  • A group of employees collectively raises concerns about unpaid overtime and safety violations; shortly thereafter, their hours are significantly reduced, and they are subjected to increased scrutiny and disciplinary warnings for previously overlooked minor issues.

What to Do If You Believe You Are Facing Workplace Retaliation

If you suspect your employer is retaliating against you for engaging in protected activity:

  • Document Protected Activity: Keep detailed written records of your protected activity (what you did or said, when it occurred, and to whom you reported it) and all subsequent adverse actions taken by your employer. Note dates, times, specific actions or comments, the individuals involved, and any witnesses.
  • Preserve All Relevant Evidence: Save copies of any complaints you made, your employer’s responses, performance evaluations (particularly those before and after your protected activity), emails, text messages, disciplinary notices, and any other documents that could support your claim.
  • Review Your Company’s Anti-Retaliation Policies: Check your employee handbook or company intranet for policies regarding retaliation and the procedures for reporting it.
  • Promptly Contact Brightwood Law Group, PC: Retaliation cases can be complex and are subject to strict statutes of limitations for filing claims. An attorney can evaluate your situation, advise you of your rights, and help you determine the most effective course of action to protect yourself.

How Brightwood Law Group, PC Fights Workplace Retaliation

Brightwood Law Group, PC is fiercely committed to protecting employees who have been unlawfully punished for exercising their legal rights or speaking out against wrongdoing. We understand that facing retaliation can be intimidating and damaging to your career and well-being. Our approach includes:

  • Providing Confidential Consultations: We offer a supportive environment to discuss your experiences and thoroughly evaluate potential retaliation claims.
  • Investigating Retaliatory Conduct: We meticulously examine the circumstances surrounding your protected activity and the subsequent adverse employment actions to build a strong case.
  • Advising You on Your Rights and Legal Strategies: We will clearly explain the laws that protect you from retaliation and outline the most effective strategies for your specific situation.
  • Assisting with Administrative Claims: We have extensive experience preparing and filing retaliation complaints with appropriate administrative agencies, such as the California Department of Civil Rights (CRD) (formerly DFEH), the EEOC, or the Labor Commissioner’s Office.
  • Skillful Negotiation and Mediation: We will assertively negotiate with your employer or their legal counsel to achieve a fair resolution, including appropriate compensation and corrective actions.
  • Aggressive Litigation When Necessary: If a just settlement cannot be reached through other means, our dedicated attorneys are prepared to vigorously litigate your retaliation case in court to secure the justice you deserve.
  • Seeking Full Remedies: Our objective is to obtain all available remedies for our clients, which may include reinstatement to your position, lost wages and benefits (back pay and front pay), compensation for emotional distress, punitive damages (in cases of malicious or reckless employer conduct), changes to company policies to prevent future retaliation, and recovery of attorneys’ fees and costs.

Explore Specific Forms and Contexts of Retaliation

Retaliation can arise in response to a wide range of legally protected employee activities. To learn more about your rights in specific situations, please visit our dedicated pages:

If You Have Experienced Retaliation at Work for Reporting Harassment, Discrimination, or Engaging in Protected Whistleblowing, We Are Here to Help.

While the law makes it unlawful for employers to retaliate against employees, many employers continue to abuse the law and retaliate against their employees for engaging in protected activities such as the ones mentioned above. If you have experienced retaliation at work, we can help. Contact Brightwood Law Group, PC today for a free and confidential consultation to discuss your situation. Our experienced employment attorneys are here to protect your rights and fight for the compensation you deserve. Call us at (310) 895-9075 or fill out our online contact form.

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FMLA CFRA Retaliation