Employer retaliation/discrimination disputes are claims that can be filed against an employer who is believed to have unfairly discharged an employee, denied employment to an applicant or otherwise discriminated against or retaliated against an employee in violation of California and federal laws. The California Department of Fair Employment and Housing (DFEH) is the authority that is charged with the investigating discrimination complaints based on a person’s sex, race, religion, national origin or other factor. The DFEH is in charge of investigating claims of such discrimination in the contexts of housing, public accommodations, employment, and hate violence. The National Labor Relations Board (NLRB) is the federal organization that is required to investigate specific complaints of unfair labor practices committed by unions and employers nationwide.
Prohibited Forms of Employer Retaliation and Discrimination in Los Angeles
In LA, employer retaliation is when an employer denies some employment benefits, fires an employee, or otherwise discriminates against an employee because that same employee has spoken out about unfair work practices or other illegal activity that an employer has engaged in. There are over 30 California laws that specifically prohibit retaliation and discrimination against job applicants and employees. The most important of these laws protect an employee or job applicant from discrimination or retaliation based on:
- A party’s decision to file or threaten to file a complaint with the California Labor Commissioner, or the institution of any proceeding that relates to rights protected by the Labor Commissioner, or exercising such rights or participating in any Labor Commissioner proceeding about such rights;
- A party taking time off from work for jury duty or to serve as a witness in court proceedings;
- An employee who is a parent that needs or requests time off in order to appear at their child’s school at the bequest of that child’s teacher;
- An employee’s discussion or disclosure and/or refusal to agree or not to agree to discuss or disclose wage payments;
- An employer requiring that an employee refrain from disclosing any information about working conditions and other aspects of employment. Such employer can also not require an employee to legally waive their right to disclose information about working conditions; and
- An employee’s use or attempt to use sick leave in order to assist an ill parent, spouse, child or domestic partner.
Click here to see more of the prohibited acts of discrimination that an employer cannot engage in.
Understanding Your Rights As An Employee in California
State of California employees have certain rights that can be enforced if they feel they have been discriminated against or retaliated against. A state of California employee has a right to speak with a California Labor Commissioner representative, or any other law enforcement or government agency representative about working conditions and other aspects of employment. A employer cannot retaliate when an employee exercises such right by suspending, demoting, firing or disciplining that employee. If an employee decided to file a claim alleging retaliation and/or discrimination in violation of laws that the Labor Commissioner is required to enforce, such claim must be filed within six months following the occurrence of the discriminatory or retaliatory act.
Retaliation Explained – Video
Los Angeles, California Employment Attorneys: Exceptional Legal Assistance at Affordable Rates
There are legal consequences when an employer retaliates or discriminates against an employee for exercising a right provided and protected under state and/or federal law. Don’t allow your employer to bully you and prevent you from receiving the justice that you deserve. If you feel that your employer is engaging in unlawful work practices, discrimination or other illegal activities, don’t hesitate to report this behavior to the proper authorities. The attorneys at HKM Employment Attorneys LLP can provide you with the legal representation and guidance necessary for you to bring a claim against an employer for discrimination and retaliation.
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