Can my employer retaliate if I support a coworker’s harassment or discrimination claim?
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.