If an employer punishes an employee for asserting their legal rights—such as reporting discrimination, filing a complaint, or participating in an investigation—that employee may have grounds to file a retaliation claim in Los Angeles, CA. To succeed, the employee must prove three key elements.
1. Protected Activity
The first element of a retaliation claim is that the employee engaged in a protected activity. A protected activity involves asserting your rights under the law. Federal and state laws protect employees from retaliation when they do any of the following:
- Report workplace discrimination or harassment
- File a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC)
- Cooperate in an investigation related to another employee’s complaint
- Request accommodations for a disability or religious belief
- Report wage violations or unsafe working conditions
- Take legally protected leave (such as FMLA leave)
Employees do not need to prove that their complaint was correct—only that they had a reasonable belief the conduct violated the law and acted in good faith.
2. Adverse Employment Action
The second element is that the employer took an adverse employment action against the employee after the protected activity. Adverse actions include any negative job consequences that would deter a reasonable employee from reporting unlawful behavior. Common examples include:
- Wrongful termination or demotion
- Reduction in pay or benefits
- Denial of promotions or training opportunities
- Unjustified discipline or poor performance reviews
- Shift changes or relocation meant to punish the employee
- Creating or allowing a hostile work environment
The action must have a real impact on the employee’s job, career path, or work conditions. Trivial or isolated incidents that do not materially affect the job may not meet this standard.
3. Causal Connection
The third element is a causal connection between the protected activity and the adverse employment action. The employee must show that the employer took the negative action because of the protected activity—not for unrelated reasons. Courts often look for patterns or timing that suggest retaliation. Evidence of causation may include:
- The timing of the action (e.g., the employee was fired days after filing a complaint)
- Statements from supervisors suggesting a retaliatory motive
- A sudden change in how the employer treats the employee after the complaint
- Evidence that the employer’s stated reason for the action is false or inconsistent
Direct proof of retaliation is rare, so most cases rely on circumstantial evidence to prove this element. Employees who successfully prove retaliation may recover lost wages, emotional distress damages, and, in some cases, punitive damages. The court may also order the employer to reinstate you or stop retaliatory practices.
California Laws on Retaliation
Key laws governing retaliation in California include:
- California Fair Employment and Housing Act (FEHA): Prohibits retaliation against employees who report discrimination or harassment based on protected characteristics such as race, gender, disability, or age.
- California Labor Code § 1102.5: Protects whistleblowers who report violations of state or federal law to a government or law enforcement agency. It also protects employees who refuse to participate in illegal activities.
- Labor Code § 98.6 and § 1197.5: Protect employees from retaliation for reporting wage theft, unequal pay, or labor violations.
- Labor Code § 6310: Prohibits retaliation against workers who report workplace safety concerns to Cal/OSHA.
- Labor Code § 132a: Makes it unlawful for employers to retaliate against employees who file or intend to file a workers’ compensation claim.
California law also expands the definition of adverse employment action to include any act that could reasonably dissuade an employee from engaging in protected activity. This broader standard makes it easier for California workers to prove retaliation claims. Contact our experienced employment lawyers in Los Angeles to discuss your case today.