California law prohibits an employer from retaliating against any employee who engages in protected activity under the Fair Employment and Housing Act (“FEHA”). Government Code section 12940, subdivision (h), protects from retaliation employees who resist or object to discrimination or harassment. That provision makes it unlawful “[f]or any employer … or person to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.”
To establish a prima facie case of retaliation, a plaintiff must show that (1) he or she engaged in a protected activity; (2) the employer subjected the plaintiff to an adverse employment action; and (3) the protected activity and the employer's adverse action were causally connected. (Yanowitz v. L'Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1042.) For example, if an employee makes a complaint or opposes the employer engaging in illegal activity and then the employee suffers a termination or demotion, the employee may be able to recover against the employer under a retaliation cause of action.
We are California's largest statewide law firm that's dedicated to representing employees in disputes against their employers. Stephen Danz & Associates based in Los Angeles, California, protects clients from retaliation, discrimination, and harassment involving dismissal, demotion, or denial of accommodation based on age, race, sex, religion, color, sexual orientation, marital status, association, physical or mental disability, or other legally protected classifications. Additionally we represent employees in they have not been paid the proper wages including overtime or minimum wage or given the proper meal breaks. If you believe that you are the victim of retaliation, contact one of our Retaliation Lawyers in Los Angeles to setup your free consultation to discuss this matter with our lawyers. We take cases on a contingency basis and collect no attorney fees unless we win your case.