Retaliation

As a California employee you have the right to complain about and report workplace discrimination and harassment without retaliation. In fact, California law specifically makes it unlawful for an employer to retaliate against employees who complain about or report what they reasonably and honestly believe to be discrimination and harassment. Employers may not make harmful employment decisions such as termination, discipline, demotion, or compensation against employees because they complained about or reported discrimination or harassment, filed a charge of discrimination with the DFEH of EEOC, or assisted a discrimination or harassment investigation or complaint.

The law does not protect employees from retaliation for all types of complaints, however. Protected complaints include those regarding discrimination or harassment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and military and veteran status. Complaints of harassment or discrimination because, for example, you have a personality conflict, the boss is threatened by you, no one likes you, or a co-worker is mean to you, are not protected.

Employees are also protected from retaliation for other types of conduct and complaints, including requesting or taking a protected leave of absence, whistleblowing, and engaging in certain other protected activity.

If you believe you may have been retaliated against for complaining about discrimination or harassment, taking a leave of absence, or whistleblowing, you need employment law specialists on your side. Sarnoff + Sarnoff is committed to advancing employee rights and bringing to justice any employer that engages in, encourages, or fails to prevent discrimination, harassment, or retaliation in the workplace. Give us a call at (415) 788-0888, email us at info@sarnofflaw.com, or complete our online contact form to find out whether your rights have been violated and if we can help.

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