Retaliation at Work

Workplace retaliation is not only unjust, but it is illegal under California and federal law. It occurs when an employer takes adverse action against an employee for engaging in protected activities, such as reporting discrimination or unsafe working conditions.

What is Retaliation at Work

Workplace retaliation refers to an employer punishing an employee for participating in legally protected activities. These activities are actions employees are entitled to take without fear of reprisal. Key elements include:

• Reporting discrimination or harassment
• Filing a wage or safety complaint
• Participating in an investigation
• Requesting accommodations for a disability

Such retaliation is prohibited and understanding what workplace retaliation is helps employees recognize when their rights are violated.

Examples of Retaliation at Work

Retaliation can manifest in various ways, often subtle or overt. Common forms include:

• Termination or demotion
• Pay reductions or loss of benefits
• Unfair discipline or negative performance evaluations
• Exclusion from promotions or training opportunities
• Harassment or isolation in the workplace

These actions aim to intimidate or punish, but they are unlawful.

Laws Protecting Your Rights at Work

Federal Protections

Federal laws establish baseline rights, including:

• Title VII of the Civil Rights Act: Prohibits retaliation for opposing discrimination based on race, sex, religion, or other protected traits.
• Americans with Disabilities Act (ADA): Protects against retaliation for requesting accommodations or reporting disability discrimination.
• Fair Labor Standards Act (FLSA): Shields employees who report wage violations.
• Occupational Safety and Health Act (OSHA): Bans retaliation for raising safety concerns.

California Protections

California enhances these protections with broader laws, such as:

• Fair Employment and Housing Act (FEHA): Covers retaliation for reporting discrimination or harassment, applying to employers with 5 or more employees.
• Labor Code Section 1102.5: Protects whistleblowers who report legal violations.
• Labor Code Section 6310: Safeguards employees who flag workplace safety issues.
• California Family Rights Act (CFRA): Prohibits retaliation for taking protected family or medical leave.

How to Protect Yourself if You Experience Retaliation at Work

If retaliation occurs, taking prompt action is essential. Consider these steps:

1. Document Every Detail: Note dates, times, and specifics of your protected activity and any adverse actions. Retain emails, texts, Slack or Teams messages, or reviews. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
2. Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
3. Report to Your Employer: Submit a written complaint through your company’s HR or complaint process regarding your protected activity and any adverse actions.
4. File a complaint: Submit a claim with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). An attorney can help you with filing these claims.
5. Consult an Attorney: Consult a California employment lawyer to evaluate your options and build a case.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.