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May 11, 2026
In California, workers have the right to report and file complaints about illegal or discriminatory practices when working for an employer. Unfortunately, employers sometimes try to take adverse actions against employees who call attention to bad behavior. If you are a member of the workforce in California, it is important to educate yourself on California workplace retaliation laws. If you know your rights, it’s harder to take advantage of you.
What Is Workplace Retaliation?
In FY 2024, the United States Equal Employment Opportunity Commission received a total of 2,592 official reports of workplace retaliation from California. Retaliation was the most prevalent claim category for California and the United States as a whole.
To put it simply, workplace retaliation happens when an employer takes adverse action against an employee in response to that employee reporting unfair, illegal, or discriminatory practices on the part of the employer. For example, if an employee filed a discrimination report with the California Civil Rights Department, and their employer proceeded to fire or demote them, the employee would probably have grounds for a workplace retaliation claim.
A skilled workplace retaliation attorney, such as Esperanza Anderson, can provide crucial advice and representation throughout the claims process.
About California’s Workplace Retaliation Laws
California has some of the most comprehensive employee protection laws in the United States. The Fair Employment and Housing Act (FEHA), which became law in 1959, defines discriminación laboral and lays out the list of protected classes, which are employee characteristics that employers may not legally discriminate against. Some of these protected classes include the following:
- Género
- Carrera
- Religión
- Edad
- Estado civil
The list of protected classes is quite extensive to protect employees from discriminatory hiring and workplace practices. FEHA also includes a provision that prohibits employers from retaliating against employees for filing a complaint about the employer’s violation of the nondiscrimination law. Protections also extend to testifying or otherwise helping another employee with such a claim.
The following are some example scenarios that demonstrate the concept of workplace retaliation:
- Susan has been with her company for ten years and holds a middle management role. She filed a claim with the California Civil Rights Department against her employer because she was demoted one week after disclosing her pregnancy to her employer. After Susan filed her claim, her employer claimed she had been underperforming and fired her.
- Tom worked with Susan, and someone from the California Civil Rights Department reached out to him to ask for a statement regarding Susan’s case. Tom provided the requested statement, and the employer proceeded to fire him, citing his lack of dedication to the job.
In both scenarios, the workers have clear reasons to believe that they are victims of workplace retaliation.
What to Do If You Experience Workplace Retaliation
When you face retaliation for asking your employer to do the right thing, it can feel incredibly unfair. However, you do not have to accept it. If you find yourself in this situation, the first thing you should do is hire a workplace retaliation lawyer. An experienced California workplace retaliation attorney can go over your situation with you and explain what your legal options are. They can also advise you on how to handle things at work if you are still employed.
The next step is to file a complaint with the California Civil Rights Department and give details on the alleged retaliation. Your lawyer can help you with this process as well. If you have suffered financial losses because of the retaliation, such as job loss, a demotion, or a missed promotion, you could file a civil claim against your employer to recover damages.
If you do ultimately file a claim for damages against your employer, you could potentially recover lost wages claim, legal fees, and compensation for psychological distress. If the judge in your case thinks your employer’s actions were particularly egregious, they may also award punitive damages and mandate other workplace retaliation penalties for your employer.
Preguntas frecuentes
Can Workplace Retaliation Claims Go to Trial?
Yes, workplace retaliation claims can go to trial. This is rare, but it does happen. The first step in a retaliation claim, just like in other workplace discrimination claims, is to file a complaint with the California Civil Rights Department. If they find that your rights have been violated, you could file a civil claim. Most civil claims settle out of court, but some do reach the trial stage.
What If My Employer Tries to Say I Was Fired for Another Reason?
If you were fired after filing a discrimination complaint against your employer or assisting with another employee’s complaint, you probably have a strong retaliation case. If your employer tries to claim that you were fired for another reason, they will likely have to produce a record of disciplinary actions leading up to the termination. If your termination really was retaliation, they are unlikely to have the proof they need.
Do You Need Concrete Proof to Win a Retaliation or Discrimination Case?
Generally, no, you do not need concrete proof to be successful in a retaliation or discrimination case. Sometimes, there are no written records or specific messages that spell out discriminatory or retaliatory actions. In these cases, perception matters. If a reasonable person would agree with you that the employer’s actions constituted retaliation or discrimination, a judge is likely to rule in your favor.
How Much Does It Cost to Hire a Workplace Retaliation Lawyer in California?
The cost to hire a lawyer for your workplace retaliation case is highly variable because lawyers set their own rates and fee structures, and time requirements are different for each case. However, many discrimination and retaliation attorneys work on a contingency fee structure. Instead of requiring upfront payment, they receive a portion of whatever settlements they secure.
Hire a Workplace Retaliation Lawyer
If you have experienced retaliatory action from your employer after you filed a complaint or a discrimination report, you can seek compensation for any damages you have suffered. Esperanza Anderson is a seasoned employee rights lawyer. She has spent over 15 years representing employees in Pasadena and the rest of Los Angeles County. Contact her today to talk about your case.
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