Retaliation

Both federal and state law protect employees and applicants from employer retaliation for engaging in activity that is protected by anti-discrimination laws.

You cannot retaliate against employees for participating in activities to further the enforcement of employment discrimination laws.1 The retaliation prohibition is quite broad and includes retaliation against a person who objected to a practice that is legal but that the person reasonably believed to be illegal. Protection from retaliation is not limited to applicants and employees; it covers all individuals, including former employees.2

There are also retaliation protections for whistleblowers.

California Law Defines Retaliation ProtectionCalifornia Law Defines Retaliation Protection
California law defines “retaliation” as any adverse employment action against an individual who opposed FEHA-prohibited practices.

Federal Laws Define Retaliation ProtectionFederal Laws Define Retaliation Protection
Federal laws contain prohibitions on retaliation.

Whistleblower ProtectionWhistleblower Protection
Various federal and state laws also protect individuals who “blow the whistle” and report company violations of the law, such as violations of workplace safety, financial reform and securities laws.

Proving RetaliationProving Retaliation
To establish a retaliation case, an individual must show three specific things.

Preventing RetaliationPreventing Retaliation
An employee who thinks he/she was discriminated against has the right to bring up the matter with a supervisor, other persons in management or a government agency.

1. Govt. Code sec. 12940(h)

2. See Sherman v. Burke Contracting Co., 891 F.2d 1527 (11th Cir. 1990)

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Manager's Checklist to Avoid Discrimination

Retaliation

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