Retaliation

An employer may not retaliate against an individual for making a claim of discrimination or harassment, testifying in a hearing about discriminatory practices, or participating in an investigation or proceeding concerning discriminatory practices.

Furthermore, where an employee has a reasonable, good faith belief that that the activity that he or she complained about was illegal, this is sufficient to support a cause of action for retaliation.

Direct evidence of an employer’s retaliatory intent is not required to prove causation. Rather, the causal link can be shown by demonstrating that the employer knew about the claim and the time between the complaint and the retaliatory action.

In some cases, courts have noted that retaliatory intent could be proven solely by the proximity in time between the protected activity and the adverse employment action.

If you have a question about your legal rights, or wish to speak to an attorney about your situation, please call us today at 510-663-9240, or contact us online to discuss your legal rights.