San Francisco Retaliation Attorneys

The retaliation attorneys at Minnis & Smallets help employees who have been subjected to retaliation after making or participating in an employment discrimination claim.

Federal and state laws prohibit retaliation against employees who complain about employment discrimination, harassment, or other activities protected by employment laws. Retaliation may consist of unlawful termination, demotion, abusive treatment, or other unfair actions.

The same laws protect employees who assist other employees in pursuing employment discrimination claims. Retaliating against an employee for pursuing a claim of employment discrimination or harassment or for assisting another employee who has been subjected to discrimination pursue a complaint is unlawful.

Employees are protected from retaliation even if employment discrimination cannot be proven, so long as they have a reasonable belief that it occurred. If the employer took any adverse action against an employee for making or participating in a claim of discrimination or harassment, then the employee who was subjected to retaliation may be entitled to a remedy.

Retaliation

What concerns can an employee raise and be protected from retaliation?

A number of laws prohibit retaliation against employees for engaging in protected activity. Those laws protect employees who make discrimination claims due to race, sex or gender, sexual orientation, national origin, religion, age, disability, or membership in any other protected class. Those laws also protect employees who complain about harassment or a hostile work environment. Employees, however, are not protected from retaliation if they are not reporting unlawful conduct.

Protected activities covered by employment discrimination laws include:

Making a verbal or written complaint of discrimination or harassment to an employer, including to a supervisor or to human resources
Filing a discrimination complaint with a state or federal agency
Filing a discrimination lawsuit in court
Resisting or rejecting unwelcome sexual advances
Testifying as a witness in an employment discrimination proceeding
Answering an investigator’s questions about employment discrimination
Looking into wage discrimination by asking co-workers about their salaries
Refusing an employer’s request to discriminate against an employee

Other employment laws prohibit retaliation against employees who request benefits that the law ensures. For example, an employer cannot retaliate against an employee simply because the employee requests:

Medical leave under the Family and Medical Leave Act or the California Family Rights Act
An accommodation of a disability under the Americans with Disabilities Act or under state law
An accommodation of a pregnancy under the Pregnancy Discrimination Act or under state law
An accommodation of a religious practice under Title VII of the Civil Rights Act or under state law

What is unlawful retaliation in the workplace?

Retaliation includes any adverse action taken against an employee for complaining about or supporting another employee’s complaint about discrimination or harassment that violates federal, state, or local anti-discrimination laws. The most common acts of retaliation include:

Terminating the employee
Harassing the employee
Reducing the employee’s hours or pay
Assigning the employee to a less desirable location or shift
Giving the employee an unfair performance evaluation
Subjecting the employee’s work to a higher level of scrutiny
Making unreasonable demands upon the employee
Threatening to take adverse action against the employee

Some acts of retaliation are obvious, while others are subtle. Any employee who believes that an adverse employment action was taken in retaliation for making or participating in an employment discrimination claim should seek immediate legal advice.

Where can I get legal help?

The lawyers at Minnis & Smallets have a successful history of pursuing compensation on behalf of employees who experienced an unlawful termination or other adverse employment action after they complained of illegal activity. Learn more about your legal rights by calling Minnis & Smallets at 1-415-551-0885. You can also tell us about your situation by submitting our online contact form.

FAQs About Workplace Retaliation in California

What is retaliation in the workplace?

Workplace retaliation happens when an employer takes negative action against an employee in response to their participation in legally protected activities, such as filing discrimination complaints, reporting harassment or participating in workplace investigations. Federal and state employment laws specifically prohibit employers from punishing employees who exercise their legal rights or assist others in doing so.

What actions constitute workplace retaliation?

Common retaliatory actions include termination, demotion, reduction in hours or pay, harassment, unfavorable performance evaluations and reassignment to less desirable positions or shifts. Retaliation can also involve subjecting an employee’s work to heightened scrutiny, making unreasonable demands or creating a hostile work environment designed to force the employee to quit.

What protections do employees have against retaliation?

Multiple federal and state laws protect employees from retaliation when they engage in protected activities. These protections apply to complaints about discrimination based on race, gender, age and other protected characteristics. Employees are also protected when requesting legally mandated accommodations or benefits, such as medical leave under the Family and Medical Leave Act or reasonable accommodations for disabilities.

How can someone prove workplace retaliation?

Proving retaliation typically requires demonstrating three key elements: the employee took part in a protected activity, the employer undertook adverse action and a direct causal link was established between the protected activity and this action. Documentation of the protected activity, timing of adverse actions and evidence of changed treatment can strengthen a retaliation claim.

What should employees do if they suspect retaliation?

Employees who suspect retaliation should immediately document all relevant incidents, including dates, witnesses and specific details of adverse treatment. Preserving emails, performance reviews and other written communications can provide crucial evidence. Reporting the retaliation to human resources or filing complaints with appropriate government agencies may also be necessary steps.