Reporting harassment at work takes courage. Unfortunately, some employers respond not with support, but with punishment. This unlawful behavior, known as retaliation, is prohibited under both California and federal law.
If you’ve found yourself thinking, “I reported harassment, and now I’m being punished,” here’s what you need to know about your rights, your options, and how an experienced California employment law attorney can help.
What Counts as Workplace Retaliation?
Retaliation happens when an employer takes adverse action against you because you reported harassment, discrimination, or another violation of workplace laws. In California, retaliation can include:
- Demotion or loss of job responsibilities
- Unjustified poor performance reviews
- Reduced hours or pay
- Being excluded from meetings, projects, or opportunities
- Harassment or hostile treatment from supervisors or coworkers
- Sudden changes in your schedule to make work more difficult
Even subtle forms of retaliation can be illegal if they are meant to punish you for speaking up.
California’s Protections Against Retaliation
California law through the Fair Employment and Housing Act (FEHA), and federal law through Title VII of the Civil Rights Act, make it illegal for employers to retaliate against workers for reporting harassment or discrimination.
Importantly, you should be protected whether:
- You reported harassment directed at you or a coworker.
- You filed a formal complaint or made an informal report.
- Your claim is still under investigation.
In certain cases, you may not have to prove the harassment claim itself for retaliation protections to apply—only that you acted with reasonable belief and in good faith.
Steps to Take If You’re Being Retaliated Against
- Document Everything: Keep records of any retaliatory actions, including emails, texts, changes in work duties, and comments from supervisors or coworkers.
- Follow Internal Complaint Procedures: If possible, report the retaliation to HR or a higher-level supervisor, following your company’s policies. This creates a paper trail that can support your case.
- Avoid Emotional Confrontations: While it’s understandable to be upset, keeping your responses professional will help protect your credibility later.
- Contact an Experienced Employment Law Attorney: A California retaliation lawyer can advise you on your legal rights, gather evidence, and represent you in negotiations or litigation.
Why You Should Act Quickly
Retaliation claims have strict filing deadlines. In California, you (or your attorney on your behalf) should file a complaint (or obtain a “right to sue”) with the California Civil Rights Department (CRD), the Equal Employment Opportunity Commission (EEOC) or other potentially applicable local, state and/or federal agencies before you can take your case to court. Missing these deadlines could mean losing your right to legal action, so it is important to immediately seek an experienced attorney.
Valiant Law Can Help You Stand Up to Retaliation
If you’re being punished, laid off, forced to resign or terminated for reporting harassment, you don’t have to face it alone. The employment attorneys at Valiant Law are committed to protecting California workers from unlawful retaliation and holding employers accountable.
Call us today at 909-254-5771 or contact us online for a confidential consultation. We’ll fight to protect your rights and help you secure the justice you deserve.