Discrimination And Retaliation Laws In California

Discrimination And Retaliation Laws In California

There has been a tremendous increase in the number of retaliation lawsuits and charges in previous years due to employees’ dismissal, demotion, or subject to adverse employment conditions. It is thus essential for every employee to have a brief understanding of California law and the kind of employee actions it protects.

Types and causes of employment retaliation in California

There has been a rise in employee retaliation cases over the last few years. Demotion, dismissal, and severe actions taken against an employee are some of the notable kinds of retaliation. Most employment retaliation cases are as a result of the following events:

Reporting an employer for carrying out an unlawful activity

Taking part in an investigation involving an employer or testifying against the employer

Raising complaints about the employer’s poor working conditions

Notifying the California Division of Labor Standards Enforcement about the problems facing workers in the workplace without the employer’s consent.

Taking part in labor union which entitles employee freedom of expression and association.

The Effectiveness of California Protection Laws Against Employee Retaliation

California, as a state in the US, has enacted several employment laws to protect employees from being retaliated in the places of work. The California Labor Code is one of the most powerful laws that clearly define the actions an employee can engage in without having to mind about retaliation and discrimination since it’s her right, as stipulated in the Labor Code.

The code also entails employers’ actions that can be termed as employment retaliation. An employee is prohibited from the following actions/activities:

Retaliating against a worker who has exercised his rights in any official employment.

An employer cannot enact or enforce rules to an employee prohibiting him or her from disclosing sensitive information to the government or any other authoritative bodies. This is against California laws, and an employer can face legal action by doing so.

What Does the Law Outline About Retaliation Compensation?

California Labor Code (cap 132a) defines the amount of compensation an employee can receive due to retaliation by his or her employer. The cap bars employers from terminating employees contract or discriminating because of the injuries suffered in the workplace or in a situation where an employee files a compensation claim or in case she has been awarded compensation.

Are There Any Other California Employees’ Retaliation Statutes?

The provision also requires the employer to prove that he didn’t dismiss, demote, or treat an employee differently because of the injury sustained in the workplace or due to filing a compensation claim. A successful complaint under section 132a of the Labor code warrants a compensation not exceeding $10,000, repayments for the lost wages, reinstatement, among other work benefits.

Are there any additional California Employees Retaliation Statues?

There is no shortage of employment laws in California that protect workers from discrimination and retaliation in the workplace. It entails the following:

Filing a wage claim

Equal Pay Act

Paid Sick Leave

The availability of employment laws is expected to shoot down the number of lawsuits and charges reported on an annual basis. Employers are aware of the legal consequences they can face due to charges and lawsuits they can face due to retaliation.