New Discrimination and Retaliation Laws in California
Over the years, retaliation lawsuits and charges have been increasing steadily resulting from an employee being demoted, fired, or facing any other negative/adverse employment consequence. In light of this, it is obligatory for all employees to understand what kind of employee actions are protected under California law.
Forms and Causes of Employment Retaliation in California
As stated in the introductory section, employee retaliation cases have been on the rise for the past few years. Some of the notable forms of retaliation include demoting, firing, or adverse actions taken against an employee. These cases are often caused by any of the following events:
- Reporting or threatening to report an illegal activity/actions of an employer
- Participating in the labor union, most of which involve the right of an employee to free expression and association
- Participating or filling in an investigation of an employer
- Filing a complaint with the California Division of Labor Standards Enforcement Division against an employer
- Complaining about employment or working conditions
What do California’s Laws and Protection Say Against Employee Retaliation?
In California, several employment laws have been enacted to protect workers from retaliation in their workplace. The California Labor Code is one of the most important, which outlines the protected actions that workers can engage in without fear of discrimination and retaliation.
This code also states prohibited actions of an employer that may be considered employment retaliation. Some of the employer prohibited activities include the following:
- An employer can’t retaliate against a worker who has implemented their rights in any formal employment
- An employer can’t retaliate against a worker, nor create, adopt, or enforce any rule, policy, or regulation that prohibits or prevents a worker from disclosing crucial information to the state, government, and law enforcement agencies
What Does the Law Outline About Retaliation Compensation?
California Labor Code (cap 132a) is the compensation provided for retaliation in employee’s compensation statute. The provision outlaws an employer from terminating or (in any form) discriminating against a worker because s/he has a workstation injury, filed an employee’s compensation claim, or has been awarded an employee compensation reward.
The statute further requires the employer to bear the burden of proving that the worker was not fired, demoted, or treated differently because of the workstation injury or employees’ compensation claim. Any worker filing section 132a of the Labor code can receive a compensation of up to 10,000 US dollars, reimbursements for wages lost, reinstatement, and other work benefits.
Are There Any Other California Employees’ Retaliation Statutes?
Yes. There are many other assortments of employment laws that protect workers from discrimination and retaliation in the workstation. It includes the following:
- Equal Pay Act
- Paid Sick Leave
- Filling an Hour or Wage Claim
- Among others
Photo Credit: Shutterstock/fizkes