(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 that 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 Council or Department or its staff.
(1) Opposition to practices prohibited by the Act includes, but is not limited to:
(A) Seeking the advice of the Department or Council, 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 Council, 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 that an individual reasonably believes to exist and believes to be a violation of the Act;
(D) Participating in an activity that 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 Council or Department includes, but is not limited to:
(A) Contacting, communicating with or participating in the proceedings of the Department or Council 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 Council.
(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:
Government Code 12935(a)
Reference:
Government Code 12920
Government Code 12921
Government Code 12940
Government Code 12941
Government Code 12942
(Amended by Register 2013, No. 40.)