Retaliation/Whistleblower Protection

Employers who take negative action against an employee because they have acted as a whistleblower or engaged in other protected activity may be liable for retaliation.  Retaliation can appear in many forms, including harassment, demotion, or even termination.  Examples of protected activity giving rise to retaliation claims include:

• Reporting or opposing discrimination or harassment

• Reporting illegal conduct

• Refusing to participate in illegal conduct

• Filing a claim with a governmental agency (e.g., Labor Commissioner, Department of Fair Employment and Housing, or the EEOC)

• Requesting or taking medical leave