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State law protects employees of health facilities from discrimination or retaliation if they:
Employees have the right during the course of a government investigation or inspection to discuss possible regulatory violations or patient safety concerns with the inspector privately, i.e., without a supervisor or manager present.
Under the Health and Safety Code, “discriminatory treatment of an employee” includes discharge, demotion, suspension, any other unfavorable changes in the terms or conditions of employment or the threat of any of these actions.
If you knew of the employee’s initiation, participation or cooperation in an investigation, or that the employee presented a grievance or complaint, any discriminatory action you take that occurs within 120 days of filing the grievance or complaint creates a presumption of retaliation.
Violating the law can result in a civil fine of $25,000. A willful violation carries a criminal fine of up to $75,000.
The employee who was discriminated against also is entitled to reinstatement, reimbursement for lost wages and work benefits and the legal costs associated with pursuing the case.
Similar protections exist for employees of long-term care facilities.2
1. Health and Safety Code sec. 1278.5; Govt. Code sec. 12940(g), (h)
2. Health and Safety Code sec. 1432