Both state and federal laws provide strong protections for employees from retaliation.
Retaliation occurs when an employer punishes an employee for engaging in a protected activity, such as filing a complaint about discrimination, reporting illegal activities, asking for accommodations due to a disability, or taking protected leave. Examples of retaliation can include termination, demotion, negative performance reviews, harassment, or reduction in pay or hours.
Laws such as the Fair Employment and Housing Act (FEHA), Family Rights Act (CFRA), and the Whistleblower Protection Act prohibit retaliation by an employer against employees who engage in these protected activities.
These protections ensure that employees cannot be penalized for asserting their rights or addressing issues related to workplace discrimination, health, safety, or accommodations.
If you believe you have been retaliated against, you have the right to file a complaint with the Department of Fair Employment and Housing (DFEH) within three years of the retaliatory act.
Additionally, you may choose to file your own lawsuit against the employer if you believe it is warranted.
To prove retaliation, you must establish that: You engaged in a protected activity (e.g., filing a discrimination complaint, reporting illegal activities). You suffered an adverse employment action (such as termination, demotion, or a reduction in hours or pay). There is a causal connection between the protected activity and the adverse action (meaning the employer took action against you because of the protected activity).
If you successfully prove retaliation, potential remedies may include: Reinstatement to your previous position, back pay to compensate for lost wages, damages for emotional distress caused by the retaliation, punitive damages if the retaliation was particularly egregious and payment of your attorney’s fees and court costs.
It is important to keep detailed records of all retaliatory incidents and to report them internally to your HR department as part of the complaint process.
Additionally, consulting with an attorney specializing in employment law can provide guidance and help you protect your rights while taking the necessary legal steps to address the retaliation effectively. An experienced lawyer can ensure that you pursue the correct legal course of action to safeguard your interests and seek justice.
