Can my employer retaliate if I support a coworker’s harassment or discrimination claim?
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Can my employer retaliate if I support a coworker’s harassment or discrimination claim?
No, your employer is prohibited from retaliating against you for supporting a coworker’s harassment or discrimination claim. Under California law, employees are protected from retaliation if they help with a workplace harassment or discrimination complaint, even if they weren’t directly affected.
This protection falls under California’s Fair Employment and Housing Act (FEHA), which makes it illegal for employers to punish workers for speaking up about unlawful practices or participating in an investigation. That includes giving a statement to HR, encouraging a coworker to file a report, or serving as a witness in an internal review or legal proceeding.
Retaliation can take many forms. Some are obvious, like being fired or demoted. Others are more subtle, such as a sudden drop in hours, a poor performance review that doesn’t match your track record or being excluded from meetings. If these changes happen soon after you support a coworker’s harassment or discrimination complaint, your employer may be violating FEHA.
If you believe your employer is retaliating against you for doing the right thing, you don’t have to stay silent. Contact McCormack Law Firm to speak with a San Francisco employment lawyer and find out how we can help.
Other Whistleblower & Retaliation FAQs:
- Can my employer retaliate if I support a coworker’s harassment or discrimination claim?
- Does the law protect me from retaliation if I complain about workplace issues that do not involve something illegal, like micromanagement or a negative performance review?
- How can I prove workplace retaliation?
- My employer fired me after I complained about something at work. Do I have a whistleblower claim?
- What is a whistleblower?
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This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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