Under the California Fair Employment and Housing Act ("FEHA"), it is unlawful for an employer to discharge, expel, or discriminate against an employee because the employee opposed practices by the employer that violated the employee’s rights under FEHA or because he or she filed a complaint, testified, or assisted in any proceeding brought under FEHA. Cal. Gov. Code § 12940. FEHA’s protection against retaliation is not limited to current employees, but also to any person, such as prospective employees, former employees, and even people submitting applications.
Employee Needs To Prove
-
The employee was engaged “in a protected activity”
-
The "employer subjected the employee to an adverse employment action”
-
A "causal link existed between the protected activity and the employer’s action.” Yanowitz v. L'Oreal USA, Inc., 36 Cal. 4th 1028, 1042 (2005).
A "protected activity" may include: making a charge, testifying, assisting, or participating in any manner in proceedings or hearings under the statutes, or opposing acts made unlawful by the statute. Cal. Gov. Code §12940(h). For instance, it would be unlawful for an employer to terminate a worker who threatened to file a charge of employment discrimination against the employer, because to do so would constitute unlawful retaliation. Iwekaogwu v. City of Los Angeles, 75 Cal. App. 4th 803, 815 (1999).
An "adverse employment action" means an action that materially affects the terms, conditions, or privileges of employment.
An employee may not be retaliated against if the employee opposes activity by the employer which the employee believes reasonably and in good faith to be unlawful. An employee who honestly and reasonably believes that an employer is committing a wrong may not be terminated for trying to oppose or report that behavior. Yanowitz, 36 Cal. 4th at 1044.
Contact Sani Law Today
If you believe your employer has treated you adversely, including wrongfully terminated you, discriminated against you, retaliated against you, or harassed you, you should Contact Sani Law today to schedule a free initial consultation.
