Retaliation for Reporting Harassment and Discrimination

Retaliation for Reporting Workplace Harassment or Discrimination in California

Introduction: Your Right to a Safe and Fair Workplace – And to Report Violations

Every employee in California has the fundamental right to a workplace free from unlawful harassment and discrimination. Equally important is your right to report such misconduct, participate in investigations, or oppose these illegal practices without suffering negative consequences from your employer. When an employer punishes an employee for standing up against harassment or discrimination, it is known as retaliation, and it is strictly prohibited by law.

At Brightwood Law Group, PC, we vigorously defend employees who have been subjected to retaliation after reporting or opposing workplace harassment or discrimination. If you have faced adverse actions for speaking out, we are here to protect your rights and help you seek justice.

Your Right to Report Harassment and Discrimination (Protected Activities)

State and federal laws protect you when you take action to address or stop workplace harassment or discrimination. These “protected activities” include, but are not limited to:

Making Internal Complaints: Reporting incidents or patterns of harassment or discrimination to your supervisor, manager, Human Resources department, or through any internal complaint mechanism your employer has established. This applies whether the complaint is about conduct you experienced or witnessed.
Filing External Complaints: Submitting a formal complaint of harassment or discrimination with government agencies responsible for enforcing anti-discrimination laws, such as California Department of Civil Rights (CRD) (formerly DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
Participating in Investigations: Cooperating as a witness, providing testimony, or offering information in an internal company investigation or an external agency investigation into claims of harassment or discrimination.
Opposing Unlawful Practices: Informing your employer (verbally or in writing) that you believe certain conduct, policies, or statements are discriminatory or constitute harassment, even if it’s not a formal complaint.
Supporting a Colleague’s Complaint: Assisting another employee with their harassment or discrimination complaint, providing testimony on their behalf, or otherwise supporting their efforts to address unlawful conduct.

You are protected for engaging in these activities in good faith, even if the underlying claim of harassment or discrimination is ultimately not proven, as long as you reasonably believed the conduct was unlawful.

Understanding Retaliation for Anti-Harassment/Anti-Discrimination Efforts

Retaliation occurs when an employer takes an “adverse employment action” against an employee because they engaged in one of the protected activities described above. An adverse employment action is any action that negatively and materially affects the terms, conditions, or privileges of your employment, or that would be likely to deter a reasonable employee from making or supporting a charge of harassment or discrimination.

Common forms of retaliation in this context include:

Termination or Wrongful Discharge: Being fired shortly after making a complaint or participating in an investigation.
Demotion, Unfavorable Transfer, or Reassignment: Being moved to a less desirable position, shift, or location.
Reduction in Pay, Hours, or Benefits.
Increased Scrutiny or Unwarranted Discipline: Suddenly being subjected to micromanagement or disciplined for minor issues that were previously overlooked.
Unjustified Negative Performance Reviews.
Ostracism or Exclusion: Being isolated by management or excluded from important meetings, projects, or communications.
Harassment or Creation of a Hostile Work Environment: Being subjected to intimidating, threatening, or abusive conduct in response to your complaint.

The employer’s motive is key. The adverse action must be taken because of your protected activity.

Key Laws Protecting You from This Type of Retaliation

Your protection against retaliation for reporting harassment or discrimination is rooted in several powerful laws:

California Fair Employment and Housing Act (FEHA): FEHA contains strong anti-retaliation provisions. It makes it unlawful for an employer to discharge, expel, or otherwise discriminate against any person because they have opposed any practices forbidden under FEHA (which includes harassment and discrimination) or because they have filed a complaint, testified, or assisted in any proceeding under FEHA.
Title VII of the Civil Rights Act of 1964: This federal law also has robust anti-retaliation provisions that protect individuals who engage in protected Equal Employment Opportunity (EEO) activity, such as making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under Title VII.
Other Anti-Discrimination Statutes: Federal laws like the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) also include their own provisions prohibiting retaliation against individuals who assert rights under those acts.

Examples of Retaliation for Reporting Harassment or Discrimination

An employee submits a detailed written complaint to HR about ongoing sexual harassment by a supervisor. Within two weeks, the employee is terminated for alleged “performance issues” not previously documented.
After an employee provides testimony corroborating a coworker’s racial discrimination claim during an internal investigation, that employee is unexpectedly transferred to a different department with fewer opportunities for advancement.
An employee complains to their manager that comments made during team meetings are discriminatory towards older workers. Subsequently, the employee is excluded from those team meetings and important project discussions.
Following the filing of a California Department of Civil Rights (CRD) (formerly DFEH) complaint for disability discrimination, an employee is subjected to constant micromanagement and unwarranted criticism by their supervisor, creating an intolerable work environment.

What to Do If You Face Retaliation After Reporting Harassment or Discrimination

If you believe you are experiencing retaliation at work, consider doing the following:

Document Both the Original Conduct and the Retaliation: Keep detailed, contemporaneous records of the initial harassment or discrimination you reported (dates, times, specifics, individuals involved, witnesses), your report(s) (when, to whom, what was said or written, copies of any written complaints), and all subsequent adverse actions you believe are retaliatory.
Preserve All Communications and Evidence: Save copies of emails, messages, performance evaluations (especially those before and after your report), disciplinary notices, and any other documents that could demonstrate the link between your protected activity and the employer’s adverse actions.
Report the Retaliation (If Possible and Safe): If your employer has a clear anti-retaliation policy and a process for reporting it, consider using that process. Document this report as well.
Contact Brightwood Law Group, PC Immediately: Retaliation claims are serious and can be complex. An experienced employment attorney can provide crucial advice, help you understand your rights, and represent you in pursuing legal action within the strict legal deadlines.

How Brightwood Law Group, PC Can Help Protect You

Brightwood Law Group, PC is deeply committed to ensuring that employees can report harassment and discrimination without fear of reprisal. We provide dedicated legal support to victims of retaliation by:

Conducting a Comprehensive Evaluation of Your Claim: We will thoroughly review the facts of the initial harassment or discrimination, your reporting efforts, and the subsequent adverse actions to build a strong retaliation case.
Advising You on Your Rights and Legal Strategy: We explain your protections under FEHA, Title VII, and other relevant laws, and develop a strategy tailored to your specific situation.
Filing or Amending Administrative Complaints: We can assist you in filing a new complaint for retaliation or amending an existing harassment/discrimination complaint with the CRD (formerly DFEH) or EEOC to include the retaliation claim.
Aggressively Negotiating and Litigating on Your Behalf: We will advocate vigorously for you, whether through direct negotiation with your employer, mediation, or, if necessary, by pursuing your retaliation claim in court.
Seeking Full and Fair Remedies: Our goal is to secure all available damages for the retaliation you suffered, which may include lost wages and benefits, compensation for emotional distress, punitive damages, attorneys’ fees, and non-monetary relief such as policy changes or reinstatement.

Retaliation is illegal. Learn more on our general Retaliation Overview Page.

For details on the underlying misconduct, see our pages on Discrimination Overview, Sexual Harassment, and Hostile Work Environment.

If retaliation led to your dismissal, this is also a form of Wrongful Termination.

No One Deserves Retaliation for Reporting Workplace Harassment or Discrimination.

If you believe you have been a victim of retaliation for reporting harassment or discrimination in the workplace, we are here to 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 legal rights and fight for the justice and compensation you deserve. Call us at (310) 895-9075 or fill out our online contact form.