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Retaliation/Discrimination
- An employer can’t discharge, threaten to discharge, demote, suspend, or in any manner discriminate and/or retaliate against if the employee in the terms and conditions of his or her employment engaging in or exercising of a right that is protected by law.
- Some examples of protected legal right under California Labor Code:
- Filing or threatening to file a claim or complaint with the Labor Commissioner.
- Taking time off from work to serve on a jury or appear as a witness in court.
- Disclosing or discussing his/her wages or for refusing to agree not to disclose his or her wages.
- Using or attempting to use sick leave to attend to the illness of a child, parent, spouse, domestic partner, or child of the domestic partner of the employee.
- Engaging in political activity of his/her choice.
- For complaining about safety or health conditions or practices
- For refusing to perform work in the performance of which the Labor Code, any occupational safety or health standard or order would be violated where the violation would create a real and apparent hazard to the employee or her or his co-workers For engaging in lawful conduct occurring during nonworking hours away from the employer’s premises
- For taking time off from work to obtain relief or attempt to obtain relief of domestic violence or sexual assault to help ensure his or her health, safety, or welfare, or that of his or her child(ren).
- For taking time off to perform emergency duty as a volunteer firefighter, reserve police officer, or emergency rescue personnel
- For not disclosing information regarding a prior than two years conviction related to the possession of marijuana by an employee or employment applicant.
- For disclosing information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses a violation of a state or federal statute, or violation or noncompliance with a state or federal regulation, including, laws enacted for the protection of corporate shareholders, investors, employees, and the general public.
- For being paid at a wage rate less than the rate paid to employees of the opposite sex for the sole reason of gender.
- For refusing to work hours in excess of those permitted by the Industrial Welfare Commission (IWC) Orders
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