Good Faith Mistake in the Law Still Supports Employee’s Retaliation Claim

Many federal and California employment laws have anti-retaliation provisions that protect employees from employer retaliation after employees have exercised their rights under the law, also known as engaging in a protected activity. For example, California’s Fair Employment and Housing Act (FEHA) protects employees from retaliation if they raise concerns about potential workplace harassment or discrimination or otherwise exercising their rights under the FEHA.

But what happens when the employee complains that their employer may be violating the law but turns out to be mistaken? Recently, a California Court of Appeal found that where the