Imagine receiving harassment at work and hoping that reporting it will bring relief. Instead, you find yourself under scrutiny. A once supportive manager now distances themselves. You no longer receive meaningful assignments. Within weeks, your performance is questioned and a termination letter lands on your desk.
Sadly, this scenario is common in California workplaces. Too often, employees who report harassment face retaliation. This means wrongful termination, demotion, or exclusion. Under California law, retaliation after a harassment complaint is illegal. This article explains worker protections and how Labor Code 1102.5 and FEHA empower employees, especially when wrongful termination in California emerges from reporting abuse.
California Labor Code 1102.5 provides explicit protection for whistleblowers. The statute forbids employers from retaliating against employees for disclosing information about violations of state or federal law to internal supervisors, government agencies, or coworkers with authority to investigate. Retaliation includes firing, demotion, harassment, or changes to job responsibilities or benefits. Actions that would dissuade a reasonable person from reporting wrongdoing.
The California Fair Employment and Housing Act supplements these protections by prohibiting retaliation when an employee complains about harassment tied to a protected class, such as gender, race, religion, or disability. If an employee engages in protected activity, including reporting such harassment, and faces adverse action as a result, they may have a claim under FEHA.
A recent California Supreme Court ruling clarified that even a single occurrence of racial slurs can constitute actionable harassment. Equally important, interference with reporting mechanisms, like urging an employee not to file complaints, can itself be considered retaliation under FEHA.
Retaliation Is Not Just When You Lose Your Job
Retaliation may take subtle or overt forms. It could be negative job evaluations, reduced hours, exclusion from meetings, or altered duties. It might also be an indefinite probation or denial of promotion. Any adverse treatment that follows a complaint is suspect. If a reasonable employee would feel discouraged from raising concerns, the conduct may meet the legal standard for retaliation, echoing the U.S. Supreme Court’s ruling in Burlington Northern & Santa Fe Railway Co. v. White.
Real-Life California Victories
California plaintiffs have won substantial verdicts for retaliation after reporting misconduct. One jury awarded over one million dollars to a woman harassed for reporting religious discrimination in Orange County. Another recent case involved a high-level prosecutor who reported gender-based slurs and efforts to silence colleagues. She was awarded more than three million dollars after a San Diego jury found that she faced retaliation for her protected activity.
SB 497, known as the Equal Pay and Anti-Retaliation Act of 2024, also supports plaintiffs. It creates a rebuttable presumption of retaliation if adverse action occurs within ninety days of reporting a protected issue. This shift puts the burden on employers to prove the timing is coincidental.
What Should You Do if You Face Retaliation?
Document everything. Keep copies of reports, emails, memos, performance reviews, and any threats or disciplinary actions. Clearly note dates and persons involved. Report concerns quickly and in writing to HR or a supervisor.
Though California is an at-will employment state, employees retain rights protected by Labor Code 1102.5, FEHA, and similar statutes. The timing of adverse action is critical. If discipline or demotion follows a complaint, the law may presume retaliation occurred.
Navigating a retaliation or wrongful termination claim begins with a meeting with an experienced plaintiff employment attorney. Many of these claims proceed under the Private Attorney General Act, where the attorney recovers fees and the state receives a portion of penalties, so legal representation is often accessible.
Where California Is Headed
California recently reaffirmed that obstruction of complaint channels and intimidation constitutes retaliation. The state continues to guard workplaces against toxic culture. With recent legal rulings and legislative action, California has strengthened retaliation protections after harassment complaints and elevated wrongful termination California standards.
Employees who have faced dismissal or retaliation after reporting harassment have strong legal footing. They deserve restitution and safe work environments. Employers must ensure that harassment complaints are addressed, not punished, and that employees remain free to speak out without fear.
If you believe that you have been fired after reporting harassment, you have rights. A skilled plaintiff employment lawyer can help you evaluate your case. California law is on your side. Do not delay in protecting your future.
The blog published by Fairchild Employment Law is available for informational purposes only, is not considered legal advice on any subject matter, and is not meant to guarantee an outcome. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.