Legal Protections Against Retaliation for Reporting Harassment

Introduction: Facing Retaliation After Reporting Harassment

Reporting sexual harassment at work takes courage. In California, if you’ve spoken up about harassment or discrimination, the law offers strong protections against employer retaliation. Many workers worry about being fired, demoted, or mistreated after they make a complaint. You are not alone—California law makes it illegal for employers to punish you for standing up for your rights. If you suspect you are experiencing retaliation after reporting harassment, understanding your legal options is the first step. This article covers your protections, the signs of retaliation, and what you can do next.

If you also have questions about the broader issue of workplace discrimination or want to know more about hostile work environment claims, you will find helpful information in those sections as well.

What Counts as Retaliation?

Retaliation is any negative action an employer takes against you because you reported harassment or participated in an investigation. California law protects workers from a range of retaliatory actions, including:

• Termination or layoff
• Demotion or loss of hours
• Denial of promotions or raises
• Negative performance reviews
• Unfavorable changes in work assignments
• Exclusion from meetings or opportunities
• Verbal or written warnings given unfairly

Retaliation can look different in each workplace, so it’s important to recognize the warning signs. If you’re unsure whether your employer’s actions count as retaliation, reviewing examples in How to Prove Retaliation in the Workplace may help clarify your situation.

Key State and Federal Laws

California provides some of the strongest anti-retaliation protections in the country. The main laws include:

• California Fair Employment and Housing Act (FEHA): Makes it illegal for employers to retaliate against workers who complain about harassment, file a claim, or participate in an investigation.
• California Labor Code Section 1102.5: Prohibits retaliation against employees who disclose information about unlawful activity.
• California Government Code Section 12940(h): Specifically bans retaliation for opposing practices forbidden by FEHA, including sexual harassment.
• Title VII of the Civil Rights Act of 1964 (federal law): Prohibits retaliation for reporting sexual harassment or discrimination.

If you want a deeper dive into the laws that protect employees, see Legal Remedies for Hostile Work Environment Claims.

Which Employers Must Follow These Laws?

Most California employers must follow these anti-retaliation laws. FEHA covers private employers with five or more employees, state and local governments, employment agencies, and labor organizations. Even if you work for a small company, other state or federal laws may still protect you from retaliation.

For more information about employer responsibilities, check the Workplace Discrimination and Sexual Harassment sections.

Reporting Harassment: What’s Protected?

You’re protected when you:

• File a formal harassment complaint with your employer, the California Civil Rights Department (CRD), or the Equal Employment Opportunity Commission (EEOC)
• Report harassment informally to a supervisor or HR
• Help in an investigation of harassment or discrimination
• Refuse to go along with harassment or discrimination
• Request a reasonable accommodation for a disability or religious belief

The law protects both direct victims and bystanders who speak up.

Action Plan: Steps to Take If You Suspect Retaliation

If you think your employer is retaliating against you for reporting harassment, act quickly to protect your rights:

1. Document Everything: Keep detailed notes of any negative actions, including dates, names, and what happened. Save emails, memos, and performance reviews.
2. Follow Company Policy: Use your company’s complaint process if you haven’t already. File written complaints, not just verbal reports.
3. File a Complaint With the CRD or EEOC: You have a limited time (generally three years in California) to file a retaliation claim. How to Report Workplace Sexual Harassment or Assault provides step-by-step guidance.
4. Consult a Lawyer: An experienced employment attorney can help you evaluate your case and protect your rights.
5. Do Not Retaliate: Avoid violating company policy or responding in a way that could be used against you.

If you’re not sure how to start, How Attain Law Offers Free Legal Help for Harassment explains how you can get support at no upfront cost.

Common Signs of Retaliation

Retaliation can be subtle or direct. Watch for:

• Sudden drop in performance reviews after you report harassment
• Change in job duties, especially less desirable tasks
• Exclusion from meetings or team activities
• Increased scrutiny or micromanagement
• Reduction in pay, hours, or benefits
• Unwarranted disciplinary actions

If you notice these changes, review What Actions Qualify as Workplace Retaliation? to see if they match typical patterns.

What Compensation Might Be Available?

If you’ve experienced retaliation, you may be able to recover:

• Lost wages and benefits
• Reinstatement to your job
• Emotional distress damages
• Attorneys’ fees and costs
• Policy changes at your workplace

For more on possible damages, explore Common Damages in Wrongful Termination Lawsuits.

Defending Yourself Against Retaliation

You have the right to defend yourself and seek justice. In addition to filing complaints, you can request mediation or participate in agency investigations. An attorney can help you gather evidence, negotiate with your employer, and, if needed, file a lawsuit.

The article How to Prove Wrongful Termination in Court walks through the kinds of proof that strengthen your case.

Protecting Your Future Career

Retaliation can have a long-term effect on your career and well-being. California law recognizes this harm and allows for remedies that go beyond basic back pay. Your action not only helps you but may also protect others in your workplace.

How Attain Law Can Help

Attain Law is dedicated to helping California employees who face retaliation after reporting harassment or discrimination. Our team listens to your story and stands up for your rights. We guide you through each step, from gathering evidence to filing a claim and negotiating with your employer.

If you want to learn more about the process, Steps to File a Workplace Discrimination Claim provides practical advice for getting started.

Frequently Asked Questions About Retaliation After Reporting Harassment

What is considered retaliation for reporting harassment in California? Retaliation includes firing, demotion, pay cuts, negative performance reviews, or other negative actions taken because an employee reported harassment or participated in an investigation. California law protects employees from such actions.

How do I prove workplace retaliation? To prove retaliation, collect evidence showing you engaged in a protected activity (like reporting harassment), your employer took a negative action afterward, and there is a connection between the two. Documentation, emails, and witness statements can help.

Can I be fired for filing a harassment complaint? It is illegal for employers in California to fire or punish employees for filing harassment complaints. If you are fired after making a report, you may have a strong retaliation claim.

How long do I have to file a retaliation claim in California? You generally have three years from the date of the retaliatory action to file a complaint with the California Civil Rights Department (CRD). Acting quickly helps protect your rights.

Can I get my job back after retaliation? If you win a retaliation claim, remedies may include reinstatement, back pay, and other compensation. Each case is different, so legal guidance is important.

Contact Us for Support

If you believe you’ve been punished for reporting workplace harassment, Attain Law is here for you. Call (888) 970-8627 or contact us today for a free consultation. We know what you’re facing, and we’re ready to stand by your side.