Workplace retaliation occurs when an employer punishes an employee for engaging in legally protected activities. Retaliation can manifest in various forms and understanding what constitutes retaliation helps to ensure a fair and just working environment.
In California, where employment laws provide extensive protections, it is important to recognize what actions might be considered retaliatory and what legal remedies are available.
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Workplace Retaliation Defined
What is considered retaliation in the workplace?
Retaliation is any adverse action taken against a worker because they engaged in a “protected activity.”
Protected activities can include filing a complaint about workplace discrimination or harassment, participating in a workplace investigation, requesting reasonable accommodations, reporting unsafe working conditions, or exercising labor rights, such as discussing wages or joining a union.
Adverse actions in retaliation can range from subtle to severe, including demotion, termination, salary reduction, change in job duties, disciplinary actions, negative performance evaluations, or even ostracism and increased scrutiny.
Retaliation in the Workplace Examples
To understand what is considered retaliation in the workplace in California, let’s explore some real-life examples:
Filing a Discrimination Complaint
Scenario: An employee files a complaint with HR alleging racial discrimination by a supervisor. Shortly after, the employee is demoted without a clear explanation or legitimate business reason.
Analysis: The demotion could be seen as retaliatory, especially if the timing suggests a connection between the complaint and the adverse action. The employee may have grounds for a retaliation claim under California’s Fair Employment and Housing Act (FEHA).
Participating in a Harassment Investigation
Scenario: An employee participates as a witness in an internal investigation into sexual harassment allegations against a high-ranking executive. Following their testimony, the employee receives a sudden negative performance review and is placed on a performance improvement plan.
Analysis: The negative performance review and subsequent actions may be interpreted as retaliation for the employee’s participation in the investigation. Such actions are prohibited under both FEHA and federal laws like Title VII of the Civil Rights Act.
Requesting Reasonable Accommodations
Scenario: An employee with a disability requests reasonable accommodations to perform their job duties. In response, the employer assigns them to less desirable tasks and begins excluding them from important meetings.
Analysis: These actions can be considered retaliatory if they are linked to the employee’s request for accommodations. Under the Americans with Disabilities Act (ADA) and FEHA, employees are protected from retaliation for seeking accommodations.
Reporting Unsafe Working Conditions
Scenario: An employee reports unsafe working conditions to the Occupational Safety and Health Administration (OSHA). Shortly after, the employee is transferred to a less favorable shift without any legitimate business justification.
Analysis: The transfer could be seen as retaliatory if it is connected to the employee’s report. California law protects employees from retaliation for reporting safety violations.
Exercising Labor Rights
Scenario: An employee discusses wages and working conditions with colleagues, which leads to an informal group considering unionizing. The employer then starts assigning the employee to undesirable shifts and reducing their work hours.
Analysis: Such actions can be deemed retaliatory under the National Labor Relations Act (NLRA), which protects employees’ rights to discuss wages and join unions without fear of retaliation.
Legal Protections Against Retaliation in California
Knowing what is considered retaliation in the workplace means being aware of which California laws provide protections for employees. Key statutes and legal provisions include:
- Fair Employment and Housing Act (FEHA): This law protects employees from retaliation for filing discrimination or harassment complaints, participating in investigations, or requesting reasonable accommodations.
- California Labor Code: Specific sections protect employees from retaliation for exercising their labor rights, reporting labor law violations, and participating in labor-related investigations.
- California Occupational Safety and Health Act (Cal/OSHA): Protects employees from retaliation for reporting unsafe working conditions.
- Whistleblower Protection Act: Safeguards employees who report illegal activities, fraud, or other violations of law.
- National Labor Relations Act (NLRA): Protects employees’ rights to discuss wages, working conditions, and union activities without fear of retaliation.
Steps to Take if You Experience Retaliation
If you believe you are experiencing retaliation in the workplace, it is important to take the following steps:
- Document Everything: Keep detailed records of all incidents that you believe constitute retaliation, including dates, times, locations, involved parties, and any communications (emails, texts, memos).
- Report Internally: Utilize your company’s internal reporting mechanisms, such as HR or an ethics hotline, to formally report the retaliatory behavior.
- Seek Legal Advice: Consult with an experienced employment attorney to understand your rights and potential legal remedies. They can help assess your situation and guide you on the best course of action.
- File a Complaint with Relevant Agencies: Depending on the nature of the retaliation, you may need to file a complaint with agencies such as the Equal Employment Opportunity Commission (EEOC), California Department of Fair Employment and Housing (DFEH), or OSHA.
- Consider Legal Action: If internal resolution is not possible or satisfactory, your attorney may advise pursuing legal action against your employer for retaliation.
What is Considered Retaliation in the Workplace? Examples of Successful Cases
To provide a better understanding of how retaliation claims can play out, let’s look at some workplace retaliation examples in California:
Case of Wrongful Termination After Reporting Discrimination
An employee who reported racial discrimination was terminated shortly after making the complaint. The court found that the timing was suspicious and ruled in favor of the employee, awarding significant damages for wrongful termination and emotional distress.
Case of Retaliation for Participating in a Sexual Harassment Investigation
An employee who participated in a sexual harassment investigation faced demotion and unfavorable job assignments. The court determined that the employer’s actions were retaliatory and ordered the employer to reinstate the employee to their original position and provide back pay and damages.
Case of Retaliation for Requesting Accommodations
An employee with a disability requested reasonable accommodations and was subsequently given poor performance reviews and denied promotions. The court found that the employer’s actions were retaliatory and awarded the employee compensation for lost wages and punitive damages.
File a Retaliation Claim in California. Get Help from the Trusted Employment Attorneys at RTM Law. Contact Us Today.
Knowing what is considered retaliation in the workplace helps protect employee rights and maintain a fair working environment. In California, laws provide strong protections against retaliation, and employees have several avenues for recourse if they believe they have been retaliated against.
If you are facing any of these workplace retaliation examples, you must document your experiences, report them internally, seek legal advice, and consider filing complaints with relevant agencies.
Contact the employment lawyers at RTM Law Firm. Our experienced team is here to help you understand your rights and pursue the justice you deserve.
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