Retaliation

When an employer takes an adverse employment action against an employee because he or she made any type of complaint of harassment or discrimination based on a protected class such as race, sex, ethnic origin, pregnancy, disability, or medical condition disability, or medical condition. Under California law, it is unlawful for an employer to retaliate against an employee because he or she has exercise a legal right. This is true even if the employee is an “at-will” employee. For example, it is wrongful for an employer to retaliate against an employee who reports, or threatens to report, an employer’s unlawful activity to appropriate authorities. It is also wrongful for an employer to retaliate against an employee who makes safety complaints, or protests unlawful discrimination at work place, or files a charge of unlawful discrimination. Retaliating against an employee who demands overtime pay or other wages is another example of wrongful retaliation.

Opposition to practices prohibited by Fair Employment and Housing Department includes, but is not limited to.

Seeking the advice of the Department of Fair Employment and Housing or Labor Commission, whether or not a complaint is filed, and if a complaint is filed, whether or not the complaint is ultimately sustained.

Assisting or advising any person in seeking the advice of the Department of Labor Commission, whether or not a complaint is filed, and if a complaint is filed, whether or not the complaint is ultimately sustained.

Opposing employment practices which an individual reasonably believes to exist and believes to be a violation of the Act.

Participating in an activity which is perceived by the employer or other covered entity as opposition to discrimination, whether or not so intended by individual expressing the opposition.