This section of the Labor Code is enforced by the California Labor Commissioner. By way of comparison, most anti-discrimination laws are enforced through the civil court system, usually after a person files a claim with the Civil Rights Department (CRD) or the EEOC.

Examples of protected lawful conduct are:

• Exercising free speech rights
• Engaging in political activity
• Reporting information to the government, if the employee reasonably believes that the information discloses a violation of state or federal law
• Complaining of unpaid wages or other Labor Code violations during non-work hours

Although this section of the Labor Code appears to have been created mainly to protect constitutional rights such as free speech and political activity, it also protects “the exercise ... of any rights afforded” to an employee or applicant under the Labor Code.2 For more information, see Wage Order Enforcement and Penalties.

For example, this could include protection for employees who take a second job — known as “moonlighting” (but exceptions exist for a direct conflict of interest that causes a substantial disruption to business).

This section of the Labor Code exempts:

• State and local law enforcement agencies
• Certain religious organizations
• Certain media employers

This section of the Labor Code does not override employment contracts that:

• Protect you against conduct that is actually in direct conflict with your essential interests if the conduct would disrupt your operation.
• Protect a firefighter against diseases presumed to be caused by employment by limiting the use of tobacco products on or off the job.

The law specifies it “does not affect in any way existing law regarding employment discrimination related to the consumption of tobacco products.” Currently no law prohibits employment discrimination against those who use tobacco products.

1. Lab. Code secs. 96 (k), 98.6