Federal and California laws protect employees from retaliation by employers for asserting protected rights, such as the right to work in a nonhostile environment, the right to proper overtime pay and the right to pregnancy disability leave. The basis for a retaliation claim is that the employer disciplined, suspended, terminated, or otherwise improperly treated the employee for doing something that is protected by law. In order to win a retaliation claim, an employee must show that he or she:
- Engaged in protected conduct
- Suffered an adverse action by his or her employer
- Suffered the adverse action because of the protected conduct
Please see our discrimination, harassment and retaliation page for further information about employee protection from retaliation and actions that constitute retaliation.
