Retaliation is prohibited under both federal and California employment laws, including FEHA and various Labor Code provisions.
Retaliation occurs when:
- An employee engages in protected activity (e.g., reporting harassment, filing a complaint, requesting leave).
- The employer takes adverse action (e.g., termination, demotion, discipline).
- There is a causal connection between the two.
Adverse action does not need to be termination. Even changes in duties, negative performance reviews, or exclusion from meetings may qualify if materially adverse.
If retaliation is proven, an employer may face:
- Compensatory damages
- Emotional distress damages
- Civil penalties
- Attorneys’ fees
- Potential punitive damages
Timing alone can support a retaliation claim. Employers must carefully review any employment action taken after protected activity.
