California law defines “retaliation” as any adverse employment action against an individual who opposed FEHA-prohibited practices or who filed a complaint, testified, assisted or participated in an investigation or proceeding conducted by the Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing.

These protected activities include:

Seeking advice from the CRD, whether a complaint is filed or ultimately sustained
Assisting or advising any person seeking advice from the CRD, whether a complaint is filed or ultimately sustained
Opposing employment practices that an individual reasonably believes to exist and believes to violate FEHA
Participating in an activity that the employer perceives as opposition to discrimination, whether intended by the individual expressing the opposition
Contacting, communicating with or participating in a CRD proceeding due to a good-faith belief that FEHA was violated
Contacting, communicating with or participating in local human rights or civil rights agency proceedings about employment discrimination on a protected basis
Involvement as a potential witness, which an employer or another covered entity perceives as participating in a CRD activity

However, an employer is protected when it enforces reasonable disciplinary policies and practices or prevents acts that are either disruptive or otherwise detrimental to legitimate business interests.1

1. Govt. Code sec. 12940; 2 CCR sec. 11021

California Law Defines Retaliation Protection

Retaliation