If an employee files a discrimination or harassment complaint, or participates in the investigation surrounding another employee’s complaint, the employee has a right to be free from retaliation in the workplace. Retaliation can take many different forms. Sometimes it means an employee is terminated because the employee has filed a complaint or has provided information about an investigation. In other situations, retaliation might not be as obvious. For example, an employer might deny the employee a promotion or reduce the employee’s hours.
Both federal and state laws are in place to protect employees from retaliation, and it is important for employers and employees alike to understand how these laws work. If you have questions about a retaliation claim, an experienced Bay Area retaliation attorney can discuss your situation with you today.
There are a number of federal laws that protect employees from retaliation in the workplace. Examples of federal laws that prohibit retaliation in the workplace include but are not limited to:
The EEOC gives the following as examples of retaliation under federal law:
California state laws also protect employees from retaliation on the job. Specifically, the California Fair Employment and Housing Act (FEHA), which prohibits discrimination and harassment, also prohibits retaliation. Any complainant, or anyone who cooperates with an investigation, is protected from retaliation. Under the FEHA, employers have a duty to inform employees and any witnesses in an investigation that retaliation is a violation of the law.
Whether you are an employee who has been the victim of retaliation or an employer who is facing retaliation allegations, an experienced Bay Area retaliation attorney can assist with your case. Retaliation claims are complex, and they may be filed under federal or state law. To learn more about how an employment law attorney can help, contact Minnis & Smallets LLP to discuss your situation with an advocate in the Bay Area.