DISCRIMINATION/RETALIATION
Another aspect of retaliation in an employment context is that of an employer taking adverse action against an employee who complains of an employer’s discriminatory policies or of an employer who engages in discrimination in hiring, firing, demoting, promoting, recruiting, testing, providing benefits or in pay.
Discriminatory Actions
Employers may not engage in any adverse conduct against an employee based on the following protected conditions:
- Age
- Discrimination
- Disability
- Gender
- Race
- National origin
- Religion
- Sexual orientation
Some policies may not directly appear discriminatory but may have an adverse impact on certain groups or tend to disproportionately affect certain workers based race, gender, age, and other factors enumerated herein.
Good Faith Belief
An employee may bring a suit for retaliatory firing or based on any other adverse employment act in which the employee had a good faith or reasonable belief that it was discriminatory in nature, so that the act complained of need not have actually constituted discrimination.
Activities Protected
An employee who participates in the following are protected from any adverse employer action:
- Participating in any investigation regarding the employer’s alleged discriminatory policies
- Testifying truthfully at any deposition or hearing
- Speaking to a government employee about an investigation or complaint
Litigation Process
An employee who feels he/she was the victim of retaliation based on discrimination may bring a complaint before the Equal Employment Opportunity Commission (EEOC) alleging violations of either the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), or other prohibited acts outlined in state and federal laws. An employee could bring a sexual harassment claim under the Fair Employment and Housing Act (FEHA) before the Department of Labor and Standards Enforcement in Sacramento, California.
Complaints must be filed within 6 months of the alleged discriminatory act or retaliatory action except for complaints filed under the Labor Code, which may longer filing periods. Form RC-1 is used for retaliation/discrimination complaints.