Facing Retaliation at Work in California?

Standing up for your rights in the workplace is not just an act of courage; it’s a legally protected right. However, many employees who report discrimination or harassment find themselves facing another challenge: retaliation. If your employer has punished you for speaking out, it’s crucial to understand that California law is on your side.

The state’s Fair Employment and Housing Act (FEHA) provides strong protections against retaliation. Our employment law attorneys will explain what FEHA retaliation is, how to identify it, and the steps you can take to protect yourself. At Glaser Labor Law, we are dedicated to defending workers’ rights, and we are here to help you navigate this complex process.

What is the Fair Employment and Housing Act (FEHA)?

The Fair Employment and Housing Act (FEHA) is one of California’s most important civil rights laws. Its primary purpose is to safeguard employees from discrimination, harassment, and retaliation in the workplace. FEHA applies to most employers in California with five or more employees.

Under FEHA, it is illegal for an employer to make employment decisions based on a person’s protected characteristics, which include:

  • Race and color
  • Religion
  • Sex and gender
  • National origin and ancestry
  • Disability (physical or mental)
  • Medical condition
  • Age (40 and over)
  • Sexual orientation
  • Marital status
  • Pregnancy

The law covers all aspects of employment, from hiring and firing to promotions, job assignments, and compensation. It also requires employers to provide reasonable accommodations for employees with disabilities and to take proactive steps to prevent harassment and maintain a workplace free from hostility. To pursue legal action under FEHA, an individual must typically start by filing a complaint with the California Civil Rights Department (CRD).

What Constitutes FEHA Retaliation?

Retaliation is a key protection under FEHA. In simple terms, FEHA retaliation occurs when an employer takes a negative or “adverse” action against an employee for engaging in a legally protected activity. The law is designed to ensure that employees feel safe to report wrongdoing without fear of punishment.

Protected Activities Under FEHA

A “protected activity” is any action taken by an employee to assert their rights or the rights of others under FEHA. Engaging in these activities legally shields you from retaliation. Common examples include:

  • Filing a complaint about discrimination or harassment with HR or management.
  • Reporting discriminatory practices to the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
  • Participating as a witness in a discrimination or harassment investigation.
  • Requesting a reasonable accommodation for a disability or a religious belief.
  • Resisting unwanted sexual advances.
  • Inquiring about or discussing wages with coworkers.

Adverse Employment Actions

An “adverse action” is any action taken by an employer that materially and negatively affects the terms, conditions, or privileges of your employment. The action must be significant enough that it would deter a reasonable employee from engaging in protected activities.

Examples of adverse actions include:

  • Termination or layoff: Losing your job is the most obvious form of retaliation.
  • Demotion or denial of promotion: Being moved to a lower-level position or being passed over for a promotion you deserved.
  • Disciplinary action: Receiving unwarranted warnings, poor performance reviews, or other forms of discipline.
  • Reduced pay or hours: Having your salary, wages, or work hours cut.
  • Negative job transfer: Being reassigned to a less desirable position, shift, or location.
  • Harassment or intimidation: Being subjected to a hostile work environment, threats, or mockery.
  • Denial of benefits: Losing access to benefits such as health insurance, paid time off, or training opportunities.

If an employer takes one of these actions against you shortly after you’ve engaged in a protected activity, you may have a valid retaliation claim.

Proving a FEHA Retaliation Claim

To win a FEHA retaliation case, you and your attorney must prove three key elements. The burden of proof initially falls on you, the employee, and your legal team to establish a basic case of retaliation.

  1. You Engaged in a Protected Activity: You must first demonstrate that you participated in an activity protected by FEHA, such as reporting harassment or requesting an accommodation.
  2. Your Employer Subjected You to an Adverse Employment Action: Next, you need to show that your employer took a negative action against you, such as firing, demoting, or harassing you.
  3. A Causal Connection Exists Between the Two: This is often the most challenging element to prove. You must establish a link between your protected activity and the employer’s adverse action. This means showing that your protected activity was a “substantial motivating reason” for the employer’s decision.

Evidence for a causal link can include the timing of the events — for example, if you were fired just days after filing a complaint. Other evidence might be comments made by a supervisor, a sudden increase in negative performance reviews, or showing that other employees who did not engage in protected activities were treated more favorably.

Once you establish these three elements, the burden of proof shifts to the employer. They must then provide a legitimate, non-retaliatory reason for the adverse action. If they do, the burden shifts back to you to prove that their stated reason was merely a pretext for unlawful retaliation.

How an Employment Lawyer Can Help

Navigating California’s complex employment laws on your own can be overwhelming, especially when you are dealing with the stress of a hostile work environment or job loss. The FEHA retaliation attorneys at Glaser Labor Law are recognized for their experience in resolving labor disputes for employees across the state.

An experienced lawyer can help you:

  • Evaluate the strength of your retaliation claim.
  • Gather the necessary evidence to build a strong case.
  • File a formal complaint with the CRD or EEOC.
  • Negotiate a fair settlement with your employer.
  • Represent you in court if a lawsuit becomes necessary.

Contact Glaser Labor Law Today

Understanding your rights is the first step toward securing justice. Consulting with our qualified employment lawyers can help you avoid common pitfalls and ensure your rights are protected throughout the process.

If you believe you have been the victim of workplace retaliation, do not wait to seek legal help. The law imposes strict deadlines for filing claims, and acting quickly is essential to preserving your rights.

The dedicated employment law attorneys at Glaser Labor Law are here to fight for you. We offer a confidential consultation to discuss your situation and advise you on the best path forward. Contact us today by calling (310) 943-8005 to learn how we can help you stand up against illegal retaliation and achieve the justice you deserve.