Representing California employees who have been wronged

Workplace retaliation is defined as actions taken by an employer, supervisor, or manager that adversely affect an employee’s job in response to that employee’s claim of harassment, discrimination, or acts of whistleblowing.

These actions can include firing, demotion, reduced access to training and promotion, unjustified negative performance reviews, and more.  However, both Federal and California law provides protections to employees against such retaliatory acts.

Increased Retaliation Lawsuits

Last month, a study was released by Navex Global that covered incidents of workplace retaliation as reported by ethics and compliance officers, human resources, internal auditors, legal counsel, and other senior executives.  It predicts a rise in lawsuits against employers who are accused of retaliating against whistleblowers.

What You Need to Know

In the state of California, to be protected by law, you must be a “covered individual” and have performed a “protected activity.”  It is important to know what these are:

• Covered individual: an employee who has voiced opposition to illegal practices, participated in legal proceedings or asked for accommodations connected to employment discrimination of the following kinds: race, color, sex, religion, national origin, age, or disability.
• A covered individual is also someone closely connected with or related to someone who has participated in this type of activity.  For example, it is against the law to fire or demote someone whose spouse has been involved in a discrimination lawsuit.
• Protected activity: any opposition to illegal practices, such as discrimination based on race, color, sex, religion, national origin, age, or disability.
• Additional protected activities include reasonable requests for accommodations for disability or religious observance.

Retaliation in the U. S.

Earlier this month in Mira Loma, California, more than 30 workers at NFI, a warehouse, submitted claims against their employer for workplace retaliation.  In September, those workers had participated in an organized walk-out protesting unfair working conditions.  The workers claim that subsequently, they were retaliated against with reduced hours and lowered wages.

In East St. Louis, Illinois, the Comprehensive Behavioral Health Center is being sued by the EEOC on behalf of a former employee with multiple sclerosis.  She claims that she had asked her employer for accommodation for her disability and was refused.  When she complained, she was laid off and denied rehiring.  The OBHC hired a less qualified person to fill the position.

These types of workplace retaliation seem fairly obvious, but when we see that claims are increasing nationwide, it is important to be aware of your rights.

If you believe that you have suffered unlawful retaliation from your employer, contact an experienced plaintiff’s employment lawyer for more guidance.

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