Los Angeles Workplace Retaliation Lawyers

What Constitutes Workplace Retaliation Under California & Federal Law?

Workplace retaliation occurs when an employer takes an adverse employment action against an employee because that employee engaged in a legally protected activity. Protected activities include reporting discrimination or harassment, filing a complaint with a government agency, participating in an investigation or lawsuit, and refusing to participate in illegal activities.

In California, the Fair Employment and Housing Act (FEHA) prohibits retaliation against employees who oppose unlawful practices, file a complaint, or assist in a proceeding under FEHA. FEHA extends broader protections than federal law, covering characteristics such as marital status, sexual orientation, and gender identity. Federal protections under Title VII of the Civil Rights Act of 1964 similarly bar employers from retaliating against employees who assert their rights under anti-discrimination laws.

To establish a retaliation claim, an employee must show three things: engagement in a protected activity, an adverse employment action by the employer, and a causal connection between the two. California’s SB 497, the Equal Pay and Anti-Retaliation Protection Act, effective January 1, 2024, strengthens this framework by creating a rebuttable presumption of retaliation when an employer takes adverse action within 90 days of the employee’s protected activity. That shifts the burden to the employer to demonstrate a legitimate, non-retaliatory reason. SB 497 also authorizes a civil penalty of up to $10,000 per employee per violation.

Common Forms of Workplace Retaliation

Retaliation can take many forms, and employees don’t always recognize it immediately. Common examples include:

• Wrongful Termination: One of the most severe forms of retaliation, where an employer fires an employee for engaging in a protected activity. This is often disguised as a layoff or a performance-based decision, but the timing and circumstances surrounding the termination may reveal retaliatory intent.
• Demotion: Employees may be moved to a lower-paying or less prestigious position as punishment, which can involve a reduction in responsibilities, a shift to less desirable tasks, or placement under a difficult supervisor.
• Pay Cuts: An employer might reduce an employee’s salary, bonuses, or other financial benefits in response to protected activity.
• Hostile Work Environment: Retaliation can take the form of creating or intensifying a hostile work environment through increased scrutiny, exclusion from important meetings, or harassment from supervisors or coworkers.
• Negative Performance Reviews: Employers may issue unwarranted negative reviews to justify future disciplinary actions or damage an employee’s professional reputation.
• Reassignment: An employer might reassign an employee to a different location, shift, or role that is less desirable or harder to reach, particularly when the change disrupts the employee’s personal life or career growth.
• Exclusion from Opportunities: Being left out of key meetings, training, or projects critical to career advancement effectively stalls professional growth without creating an obvious paper trail.

These actions harm the targeted employee and send a chilling message to coworkers who might otherwise consider exercising their own rights.

How to Recognize Retaliation in the Workplace

Recognizing retaliation early is essential to protecting yourself. Key warning signs include a shift in employer or supervisor behavior following a protected activity, sudden negative performance reviews when your work quality hasn’t changed, isolation from communication channels or team projects after raising concerns, and adverse actions that follow closely behind a protected activity in timing.