How to file a workplace retaliation or discrimination claim in California

A range of state and federal employment laws help protect workers from workplace discrimination and harassment. What many Los Angeles employees may not be aware of is the fact that they are still protected from harassment under these rules.

This means that employers cannot discipline or penalize employees for filing discrimination or assault charges or engaging in disciplinary investigations. In such situations, "punishment" could entail several actions, such as being moved over for a promotion, taking a salary cut, being denied a wage increase, being denied training for a better position, or facing Wrongful Termination under California Employment Law.

You must contact a pre-screened Employment Lawyer in Los Angeles who will be by your side, advocate for your rights and help ensure that your civil rights and best interests are secured if you feel that your company is retaliating against you for participating in constitutionally protected practices.

California Employment Law Retaliation

According to the Equal Employment Opportunity Commission (EEOC) and California Employment Law, retaliation is the most commonly alleged basis of workplace discrimination. When you are involved in the following forms of legal practices, your company cannot terminate you or discriminate against you:

You have lodged a complaint with the EEOC or are a witness in a case.

You have been reporting workplace discrimination and/or abuse to your boss.

You addressed questions during an employment-related lawsuit.

You declined to follow directions that would result in illegal activities.

You refused unwanted advances or spoke up against abuse to defend a colleague.

You requested accommodation due to a disability or to follow a religious activity.

You asked managers or peers about salary details to uncover unequal pay.

It is necessary to remember that engaging in the complaint process is covered under all conditions, from workplace harassment and California Employment Law Retaliation. Other actions that condemn discrimination in the workplace are protected as long as the worker acted on the belief that California labor laws were being violated. Participating in covered practices, however, does not inherently shield personnel from punishment or dismissal.

Employers should punish or even terminate workers if the adverse action is caused by non-retaliatory and non-discriminatory motives. However, our Employment Lawyers in Los Angeles also represented employees who experienced adverse action made against them for protesting or engaging in the complaint process where there has been discrimination or abuse in the workplace. Employers in California are not allowed to do anything when an employee is engaged in a legal activity that would prevent anyone from opposing or complaining about potential discrimination. If this is your case, you should immediately consult with one of our pre-screened Los Angeles Employment Lawyers.

Below are some examples of an employer's retaliatory behavior against an employee for engaging in protected activities:

Reprimanding the worker or providing an assessment of work success that is unjust or worse than it should be.

Transferring the worker to a less favorable job.

Reporting verbal or physical assault.

Threatening to notify immigration authorities or the police about an employee.

Without a sufficient excuse, increasing criticism of an employee.

Spreading Employee Lies or Gossip.

Making the work of the employee more difficult by adjusting his or her schedule by moving him or her to a particular position that is hard to get to.

Moving the work responsibilities of the employee to something less attractive.

Imposing a cut in wages.

How to Prove California Employment Law Retaliation?

Employees who speak up about abuse or bullying are protected from wrongful termination. You can prove retaliation cases in California by documenting any illegal activity against you. Over the last five years, a retaliation claim has been used in over a third of the discrimination and wrongful termination complaints filed with the Equal Employment Opportunity Commission (EEOC).

Since it's heavily dependent on California discrimination laws, it's important that you and your Los Angeles Retaliation Attorney go over the important factors of proving your claims.