Legal Resources | Code of Regulations, Title 2 |  7287 |    7287.8  

Retaliation.   

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(a) Retaliation Generally. It is unlawful for an employer or other covered entity to demote, suspend, reduce, fail to hire or consider for hire, fail to give equal consideration in making employment decisions, fail to treat impartially in the context of any recommendations for subsequent employment which the employer or other covered entity may make, adversely affect working conditions or otherwise deny any employment benefit to an individual because that individual has opposed practices prohibited by the Act or has filed a complaint, testified, assisted or participated in any manner in an investigation, proceeding, or hearing conducted by the Commission or Department or their staffs.

(1) Opposition to practices prohibited by the Act includes, but is not limited to:

(A) Seeking the advice of the Department or Commission, whether or not a complaint is filed, and if a complaint is filed, whether or not the complaint is ultimately sustained;

(B) Assisting or advising any person in seeking the advice of the Department or Commission, whether or not a complaint is filed, and if a complaint is filed, whether or not the complaint is ultimately sustained;

(C) Opposing employment practices which an individual reasonably believes to exist and believes to be a violation of the Act;

(D) Participating in an activity which is perceived by the employer or other covered entity as opposition to discrimination, whether or not so intended by the individual expressing the opposition; or

(E) Contacting, communicating with or participating in the proceeding of a local human rights or civil rights agency regarding employment discrimination on a basis enumerated in the Act.

(2) Assistance with or participation in the proceedings of the Commission or Department includes, but is not limited to:

(A) Contacting, communicating with or participating in the proceedings of the Department or Commission due to a good faith belief that the Act has been violated; or

(B) Involvement as a potential witness which an employer or other covered entity perceives as participation in an activity of the Department or the Commission.

(b) Exception for Reasonable Discipline. Nothing in these regulations shall be construed to prevent an employer or other covered entity from enforcing reasonable disciplinary policies and practices, nor from demonstrating that the actions of an applicant or employee were either disruptive or otherwise detrimental to legitimate business interests so as to justify the denial of an employment benefit.

Authority cited:

Labor Code 1418(a)

(Government Code 12935(a))

Reference:

Labor Code 1411

Labor Code 1412

Labor Code 1420

Labor Code 1420.1

Labor Code 1420.15

(Government Code 12920, 12921, 12940, 12941, 12942)

(Amended by Register 80, No. 25)