No Toleration for Retaliation
When it comes to employees and their work place relations, there are laws that are put in place to protect their rights. The laws that are there state that any type of harassment or discrimination is illegal.
It is considered illegal for an employer to discriminate against anyone and it is controlled and listed under the Labor Laws. These are the laws that consider any discrimination based on Color, Race, Sex, or Disability and also consider it illegal to retaliate against an individual who files a complaint at work.
Most employees do not know about the Labor Laws. It can be hard to figure out whether or not your employer is retaliating against you. In some instances, it is a clear case of employer retaliation and employees don’t file any complaints because they are not aware of their rights.
Employers and employees should be completely aware of the retaliation laws.
The law states that it is illegal to retaliate against any employee because they have participated in the proceedings of a discrimination lawsuit. It can be hard for the law to control the relationship between an employer and employee, so it is difficult to prevent retaliation fully. However, the number of retaliation claims has increased and are becoming a very common issue.
Discrimination is usually reported for different issues. The complaints are usually made concerning different issues like race or gender discrimination, fringe benefits, and sexual harassment. The repercussions tend to vary depending on the issue. They tend to come in the forms of hostile behavior, reducing salary, change in the job, and possible job termination.
Any employee who is suspended, threatened with termination, fired, or has been discriminated against in any form, can file a complaint against their employer. Complaints can be filed against anyone that is in your work place. Under the Labor Laws, the employer is liable, and the individual managers cannot be held responsible for retaliation. The California Supreme Court had decided this in 1998 to try to decrease the discrimination rate and to help with protection.
Any action that is considered negative that has been done against an employee, who was part of a discrimination proceeding, can be seen as retaliation and as a punishment.
Any employee that feels that they have been harassed or discriminated against because of their medical condition, marital status, ancestry, sexual orientation, religion, race, physical handicap, or national origin should know their rights. Being legally aware can help any person resolve their situation.
Anti-discrimination statutes have statements that can help in discrimination such as reversal of demotion, payment of back wages, clearing personnel files of any negative letters or memos, reinstatement of employment, posting a notice in the work place, and a cease and desist order.
Any complaints that have been filed will be investigated to the law regulations. After a complaint is filed, the employer, witnesses, and the employee will be interviewed. If you believe that you are a victim of any type of prejudice, the law can help provide restoration.
The law states that retaliation is forbidden when it comes to employment; this includes hiring, pay, job assignments, firing, lay offs and promotions. If you need any additional information, you can contact a California Labor Law attorney
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