Retaliation for Harassment Complaint in California
California has strong workplace laws that protect employees from harassment. If an employee files a harassment complaint, the law also protects them from retaliation. However, some employers may still punish workers who speak up. Understanding your rights can help you take action if you face retaliation.
What Is Retaliation?
Retaliation happens when an employer punishes an employee for making a complaint. In the workplace, this can include negative actions taken against someone who reported harassment. Retaliation can be obvious, like firing an employee, or subtle, like giving fewer work opportunities.
Retaliation After a Harassment Complaint
Harassment at work can include sexual harassment, racial discrimination, bullying, or other inappropriate behaviors. Employees have the right to report harassment to their employer or to a government agency. Unfortunately, some employers react by retaliating against the employee instead of fixing the problem.
Retaliation for harassment complaints can take different forms, including:
- Firing or demoting the employee
- Reducing work hours or pay
- Changing job duties unfairly
- Giving poor performance reviews without valid reasons
- Excluding the employee from meetings, training, or promotions
- Creating a hostile work environment
California Laws on Retaliation
California has strong protections against workplace retaliation. The Fair Employment and Housing Act (FEHA) makes it illegal for employers to retaliate against employees who report harassment or discrimination. The California Labor Code also includes protections for employees who report illegal activities at work.
To prove retaliation, the employee must show:
- They engaged in a protected activity, such as filing a harassment complaint.
- The employer took adverse action against them, such as firing or demoting them.
- There is a connection between the complaint and the negative action.
Steps to Take If You Face Retaliation
If you believe your employer is retaliating against you, there are steps you can take to protect yourself:
- Document Everything: Keep records of the harassment, your complaint, and any retaliation. Save emails, messages, and performance reviews as evidence.
- Report Retaliation: Inform your employer’s HR department or another appropriate person. Some companies have policies to address retaliation.
- File a Complaint with Government Agencies: You can report retaliation to the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Seek Legal Help: A lawyer who specializes in employment law can help you understand your rights and file a lawsuit if needed.
Possible Outcomes for Retaliation Claims
If your employer is found guilty of retaliation, they may have to take corrective actions. Possible outcomes include:
- Reinstating your job or position
- Paying lost wages or damages
- Providing workplace training or policy changes
- Compensating for emotional distress
Conclusion
Retaliation for a harassment complaint is illegal in California. Employees have the right to report harassment without fear of punishment. If you experience retaliation, take action by documenting evidence, reporting the issue, and seeking legal help. Understanding your rights can help you protect yourself and ensure a fair workplace.
