Retaliation happens when an employer takes adverse action against you for engaging in a protected activity. This typically refers to filing discrimination complaints or taking part in investigations against an employer.
Ways employers can retaliate against employees
There are many ways adverse action can manifest, which means it is important to learn about how employers can retaliate against employees in the workplace. Some of the most common examples include:
- Job loss or forced exit: Firing, laying you off or pushing you to quit after you complain
- Schedule and pay hits: Fewer shifts, worse shifts, denied overtime or reduced pay opportunities
- Discipline as a weapon: Sudden write-ups, inflated performance reviews or selective rule enforcement
- Career roadblocks: Denied promotion, training, desirable assignments or transfers
Hostile treatment: Threats, isolation, being left out of meetings or harsher supervision
California protects employees from retaliation by granting them protected rights under the California Government Code Section 12940(h). These rights prevent employers from taking adverse action against employees for taking part in protected activities. California also protects whistleblowers who report legal violations under the California Labor Code Section 1102.5.
What should you do if you suspect retaliation?
If you suspect retaliation in the workplace, it is important to gather evidence. Write down key dates, witnesses and take notes on changes in ways employers treat you. It may also be helpful to keep copies of schedules, performance reviews and emails to present as proof.
You may file a report with the Civil Rights Department for cases of retaliation tied to discrimination and harassment under FEHA’s protected characteristics. Similarly, you can file a report with the Labor Commissioner’s Office after reporting retaliation tied to wage and hour concerns, as well as other Labor Code rights.