The state of California has strict laws in place that protect employees from retaliation. Retaliation is unfavorable treatment that stems from a worker asserting their rights.
Certain types of employment activities are protected. This means that you cannot face retaliation for engaging in these activities. Here are some important points to consider.
Reporting discrimination and harassment
It is unlawful to discriminate against employees based on protected characteristics like race, religion, gender and disability. Should an employee face discrimination, they are free to report it without negative consequences. If an employee is disciplined for reporting discrimination or harassment, this is unlawful retaliation.
Importantly, the employee need not have faced discrimination. Workers are also free to report discrimination that they have witnessed in the workplace.
Leave under the FMLA and CFRA
Employees are entitled to take certain types of leave under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA). This includes taking time off for serious health conditions and bonding with a newborn child. If an employee faces retaliation, such as not being allowed to return to work after taking leave, this is unlawful.
Requesting reasonable accommodations
Qualified individuals and those with disabilities are entitled to request accommodations in the workplace. These include adjustments to schedules and the workplace itself. For example, an individual can request time off to attend medical appointments. Or, an individual with a physical disability may request that safety rails be installed in the office. Companies with more than five employees must listen to reasonable accommodation requests. The only reason they can be denied is if they would cause undue hardship. An employee cannot face retaliation for making a request.
For more information on workplace retaliation, it may help to seek legal guidance.
