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CALIFORNIA GOVERNMENT CODE - RETALIATION CLAIMS
California Government Code Section 12940 expressly prohibits the employer from retaliating against an employee who: (1) files a claim for discrimination or harassment; (2) opposes discrimination or harassment practices occurring in the workplace; or (3) gives testimony or support in connection with a discrimination or harassment claim (whether the claim is filed by that employee or a fellow employee):
12940. It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
***(h) For any employer, labor organization, employment agency, or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.
In addition, anyone who aids or abets in the commission of an act of discrimination or harassment, or aids or abets an unlawful act of retaliation, is liable:
12940. It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California:
***(i) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts forbidden under this part, or to attempt to do so.
These laws are designed to prevent an employer from intimidating employees from asserting their statutory rights, intimidating witnesses, or punishing employees for complaining about unlawful discrimination or harassment.
Some of the more common forms of unlawful retaliation include:
Retaliation against the employee for filing a complaint for discrimination or harassment based on race, national origin, sex, pregnancy, religion, sexual orientation/preference or marital status
Retaliation against the employee for seeking a reasonable accommodation for a disability
Retaliation against the employee for taking lawful medical leave, pregnancy leave, or family leave to care for a sick parent or child
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Disclaimer: The information on this website is provided to assist the general public.
It does not consitute legal advice or create an attorney-client relationship.
Copyright (c) 1997 Joe DiPaola
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The Law Offices of Joe DiPaola, Esq.
