Retaliation
Retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity.
In California, retaliation is strictly prohibited under state and federal law. Employees have the right to report illegal behavior, request accommodations, or assert their workplace rights without fear of punishment.
What Is Protected Activity?
California law protects employees who engage in various protected actions, including:
- Reporting harassment, discrimination, or labor violations
- Filing or participating in a complaint with the CRD or EEOC
- Requesting medical or disability accommodations
- Taking protected leave under the CFRA, FMLA, or Pregnancy Disability Leave
- Refusing to perform illegal acts
- Whistleblowing on violations of local, state, or federal law
- Discussing wages or working conditions with coworkers
An employee does not have to be correct about the underlying issue—only that they had a reasonable belief that a violation occurred.
Case Results
What Counts as Retaliation?
Retaliation can take many forms, including:
The key factor is whether the employer’s action would deter a reasonable person from engaging in the protected activity again.
Legal Protections
- California Labor Code § 1102.5: Protects whistleblowers who report violations of law internally or to government agencies.
- Fair Employment and Housing Act (FEHA): Prohibits retaliation for complaints about discrimination or harassment.
- California Family Rights Act (CFRA): Prohibits retaliation for taking protected family or medical leave.
- Federal anti-retaliation laws under Title VII, ADA, FMLA, and others provide parallel protections.
These laws apply to both public and private sector employees, with varying thresholds depending on the statute.
Filing a Complaint
Employees must first file a retaliation claim with:
- The California Civil Rights Department (CRD) within one year, or
- The Equal Employment Opportunity Commission (EEOC) within 300 days
Some retaliation claims may also be filed with the California Labor Commissioner depending on the context (e.g., wage-related complaints).
Remedies for Retaliation
If retaliation is proven, available remedies may include: