In California, protected activities are actions employees are allowed to take at work without facing punishment. These actions are often tied to reporting illegal behavior, standing up against discrimination or asserting workplace rights. The law is designed to make sure workers can speak up without fear.
Protected activities don’t have to involve formal complaints. Informal conversations with a supervisor, participating in an investigation, or simply asking about your rights can also qualify. Here are some key points to consider.
What rights can employees assert?
Workers have many legal rights they can assert on the job. These include the right to report wage issues, request medical or disability leave, complain about unsafe working conditions and speak out against harassment or discrimination. Workers also have the right to ask for reasonable accommodations based on medical or religious needs.
Even just helping a coworker file a complaint or refusing to do something unlawful may be a protected activity. The law looks at whether the action relates to enforcing or exercising a legal right.
Can an employer retaliate?
Employers are not allowed to retaliate against workers for engaging in protected activities. Retaliation can take several different forms, such as firing, demotion, discipline, reduced hours or a hostile work environment. Under California law, these responses are illegal if they are linked to an employee’s protected action.
Several laws protect workers who engage in protected activities. These include the California Fair Employment and Housing Act (FEHA), the Labor Code and federal laws like the Civil Rights Act. Together, these laws help ensure employees can enforce their rights without risk.
If you have faced retaliation for asserting your rights, it may be time to seek legal guidance.