There are many different work environments in California. Some work in offices, some work outside doing construction or other types of work, some work in retail stores, restaurants, some drive doing delivery or transporting other products. Due to the unique requirements of each of these businesses, the job requirements and dynamics of each type of work will vary. However, no matter what type of work people do, they all have the same rights against discrimination or harassment at work.
If a worker is discriminated against and suffers adverse actions at work as a result, the worker may have a complaint and can file it with the Equal Employment Opportunity Commission. The EEOC will then investigate it and determine whether there was discrimination and how to proceed legally. It is important that the EEOC can do their job though and they need employees to bring their claims and other employees to cooperate with the investigation.
Therefore, employers cannot terminate employees who file claims, make complaints or cooperate with an investigation as retaliation. If they do terminate an employee for doing one of these things, then that employee may have a wrongful termination complaint.
The protected activity can be number of different things as well. In addition to direct actions with the EEOC, employees are also protected against communicating with supervisors about discrimination within the company, refusing to do things that would result in discrimination, resisting sexual advances, requesting accommodations for a disability and others.
Many employees in California are either the victim of or are aware of discriminatory actions by their employers. It is important that these people are able to make complaints in order to correct the behavior and others to cooperate in investigations. Therefore, employers cannot retaliate against employees who exercise these rights. Experienced attorneys understand employees’ rights and may be able to help protect.
Source: www.eeoc.gov “Facts about Retaliation” accessed on Dec. 14, 2017