Wrongful Termination for Reporting Harassment or Discrimination

Fired for Reporting Workplace Harassment or Discrimination? California Law Protects You

Introduction: Your Right to Speak Out Against Workplace Injustice

Every employee in California has the right to a workplace that is free from unlawful harassment and discrimination. Reporting such misconduct is a courageous and legally protected act. Employers are strictly prohibited from retaliating against employees who, in good faith, report discrimination or harassment, or who participate in investigations related to such complaints. If you were fired or suffered other adverse employment actions after speaking out, you may have been wrongfully terminated.

At Brightwood Law Group, PC, we are staunch defenders of employees who have been penalized for upholding their rights and the rights of others to a fair and respectful work environment.

Your Right to a Workplace Free from Harassment and Discrimination

California’s Fair Employment and Housing Act (FEHA) and federal laws like Title VII of the Civil Rights Act prohibit workplace discrimination and harassment based on protected characteristics. These include, but are not limited to:

Race, color, ancestry, national origin
Religion, creed
Age (40 and over)
Disability (mental and physical)
Medical condition (cancer-related or genetic characteristics)
Marital status
Sex, gender, gender identity, gender expression
Sexual orientation
Military or veteran status
Pregnancy, childbirth, breastfeeding, or related medical conditions

Harassment can take many forms, including verbal abuse, offensive jokes or imagery, intimidation, and unwelcome physical contact, and it becomes unlawful when it creates a hostile work environment or results in an adverse employment decision.

Protected Activities: Reporting Harassment or Discrimination

The law protects you when you engage in various activities aimed at addressing or stopping unlawful harassment or discrimination. These protected activities include:

Making Internal Complaints: Reporting incidents of harassment or discrimination to your supervisor, manager, Human Resources department, or through any internal complaint procedure your employer has established.
Filing External Complaints: Submitting a formal complaint with government agencies responsible for enforcing anti-discrimination laws, such as the 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 that you believe certain conduct or policies are discriminatory or constitute harassment, even if it’s not a formal written complaint. This can include reasonably resisting or objecting to such practices.
Supporting a Colleague’s Claim: Assisting another employee with their harassment or discrimination complaint, or testifying on their behalf.

Wrongful Termination as Retaliation for Your Report or Participation

If your employer fires you because you engaged in any of these protected activities, it is considered illegal retaliation and a form of wrongful termination. While termination is a common retaliatory act, other adverse actions are also prohibited, such as:

Demotion, reduction in pay or hours
Unwarranted negative performance evaluations
Undesirable job transfers or reassignments
Being excluded from important meetings or opportunities
Increased scrutiny or unwarranted disciplinary actions
Any other action that materially and adversely affects the terms, conditions, or privileges of your employment.

Proving that your termination was retaliatory often involves demonstrating a causal link between your protected activity and the adverse action. Factors like the timing of the termination (e.g., shortly after your complaint), evidence of pretextual (false) reasons given by the employer for the firing, a departure from established company disciplinary procedures, or any expressed hostility towards your complaint can be crucial.

Examples of Wrongful Termination for Reporting Harassment or Discrimination:

An employee files a written complaint with HR detailing sexual harassment by their manager. Two weeks later, the employee is terminated for “not fitting with the company culture.”
After an employee provides testimony supporting a coworker’s racial discrimination claim during an internal investigation, they are suddenly placed on a performance improvement plan for issues never previously raised and are subsequently fired.
An employee complains to their supervisor that a new company policy disproportionately affects older workers. The employee is then excluded from key projects and eventually laid off, while younger colleagues are not.
An employee reports offensive, discriminatory jokes being told by a team leader and is then subjected to heightened scrutiny and eventually terminated for minor administrative errors that were previously tolerated.

What to Do If You Were Fired After Reporting Harassment or Discrimination:

If you believe your job was terminated as a result of your report or participation in addressing workplace harassment or discrimination:

Preserve All Documentation: Keep copies of any written complaints you made (emails, letters), any notes you took about verbal complaints (dates, who you spoke to, specifics of what was said), any responses from your employer, information about witnesses, your performance evaluations (especially those before and after your report), and your termination letter or notice.
Create a Detailed Timeline: Document the harassment or discrimination you experienced or witnessed, when and how you reported it, your employer’s response (or lack thereof), and all subsequent events leading to your termination.
Call Brightwood Law Group, PC Immediately: Claims involving retaliation for reporting harassment or discrimination have strict legal deadlines and can be complex. Consulting with an experienced employment attorney promptly is essential to understand your rights and preserve your ability to seek justice.

How Brightwood Law Group, PC Defends Employees Against Retaliation for Reporting Misconduct

At Brightwood Law Group, PC, we are passionate about protecting employees who have the courage to speak out against unlawful harassment and discrimination. We provide dedicated legal support by:

Thoroughly Evaluating Your Retaliation Claim: We will carefully review the specifics of the harassment or discrimination you reported, the nature of your report or participation, and the circumstances surrounding your termination to determine if your employer acted unlawfully.
Vigorously Protecting Your Rights: We aggressively pursue claims against employers who retaliate against employees for exercising their legally protected rights to report and oppose workplace discrimination and harassment.
Holding Employers Accountable: Our goal is to ensure employers are held responsible for fostering a retaliatory environment and for violating California’s strong anti-discrimination and anti-retaliation laws.
Fighting for Full and Fair Remedies: If you were wrongfully terminated for reporting harassment or discrimination, we will seek all available legal remedies on your behalf, which may include lost wages and benefits, compensation for emotional distress, punitive damages, attorneys’ fees, and, where appropriate, reinstatement.

Learn more about the foundational principles of Wrongful Termination in California Here.

For more details on specific types of prohibited conduct, see our pages on Discrimination and Sexual Harassment.

Fired for Speaking Out Against Harassment or Discrimination? We’re Here to Help.

You should never be punished for reporting unlawful conduct in your workplace. If you lost your job or faced other adverse actions after complaining about or participating in an investigation of harassment or discrimination, contact Brightwood Law Group, PC today for a confidential consultation. Our experienced employment attorneys are ready to defend your rights. Call us at (310) 895-9075 or fill out our online contact form.