Retaliation

In California, when an employer or an agent of an employer, such as a manager or supervisor takes adverse employment action against an employee for engaging in a legally protected activity, and there is a causal link between the actions, that is retaliation. There can be a multitude of actions that constitute legally protected activities, including but not limited to reporting a health and safety code violation or illegal conduct by the employer, complaining about harassing or discriminatory behavior toward the employee or other employees, taking protected leaves, requesting accommodations related to a disability or serious medical condition, and complaining about wage and hour violations.  While termination is the most obvious form of an adverse employment action, other examples of adverse employment action include suspension, demotion, reduced hours, salary reduction, negative performance reviews, write ups, exclusion from job-related meetings, and/or increased workload. 

Senate Bill No. 497: Equal Pay and Anti-Retaliation Protection Act, amends California Labor Codes 98.6, 1102.5, 1197.5 to create a presumption of retaliation if adverse employment action is taken within 90 days of an employee's protected activity. Employers can be fined $10,000 per retaliatory violations, and employees have rights to reinstatement and reimbursement for lost wages and benefits.