Discrimination Complaints Investigated by Labor Commissioner

The Labor Commissioner investigates 20 types of discrimination complaints that protect employees from discrimination or retaliation for exercising employee rights or engaging in protected activities. The following is a list of the categories and their statutory authority.

Labor Commissioner complaint (Labor Code 98.6)-protects employees who have filed a bona fide complaint or claim with the Labor Commissioner, or have testified or are about to testify in any such proceeding.
Jury duty (Labor Code 230)-no employer shall discharge or discriminate against an employee who takes time off from work to serve on a jury or to appear as a witness in court.
Volunteer firefighter (Labor Code 230.3)-no employer shall discharge or discriminate against an employee who takes time off to perform emergency duty as a volunteer firefighter.
School visits (Labor Code 230.8) -no employer with 25 or more employees shall discharge or discriminate against an employee who is a parent or guardian of a child in kindergarten, or grades one through twelve, for taking off four hours each year per child to visit the child's school.
School visits by parents of suspended pupils (Education Code 48900.1)-protects an employee from discharge or discrimination for visiting the school of a suspended child as required by the school.
Disclosure of wages (Labor Code 232)-no employer may require that employees as a condition of employment refrain from disclosing the amount of their wages, nor require employees to sign a waiver denying their right to disclose the amount of their wages-an employer may not discharge, discipline, or discriminate against an employee who discloses the amount of his/her wages.
Polygraph tests (Labor Code 432.2)-no employer may require an applicant, prospective employee, or employee to submit to a polygraph test as a condition of employment- public agencies are exempt.
Political activity (Labor Codes 1101 and 1102)-no employer may adopt or enforce any policy forbidding or preventing employees from participating in political activities, or becoming candidates, or controlling or directing political activities and affiliations of employees-an employer can not coerce employees by threat of discharge to follow or refrain from any political action or activity.
Sexual orientation Labor Code 1102.1)-prohibits discrimination or different treatment in any aspect of employment, or opportunity for employment, based on actual or perceived sexual orientation-does not apply to employers with less than five employees, or to religious or non-profit organizations.
Whistleblower (Labor Code 1102.5)-protects an employee from discrimination or retaliation for disclosing information to a government or law enforcement agency when the employee has reasonable cause to believe that the information reveals a violation of federal or state law or regulation.
Gender-based wage discrimination (Labor Code 1197.5)-no employer shall pay an individual at wage rates less than the rates paid to employees of the opposite sex for equal work-exceptions exist wherein payment is made under a seniority, or a system that measures earnings by quantity or quality of production, or a differential based on any bona fide factor other than gender.
Child care facility complaints (Health and Safety Codes 1596.881 and 1596.882)-protects employees of child care facilities from retaliation or discrimination for reporting or testifying about alleged violations of child care facility standards.
Alcohol and drug rehabilitation (Labor Codes 1025-1028)-employers with 25 or more employees shall reasonably accommodate an employee, and safeguard the employee's privacy, who voluntarily enters or participates in an alcohol or drug rehabilitation program.
Employee illiteracy (Labor Code 1044)-employers shall safeguard the privacy of employees who reveal literacy problems, and shall not discharge or discriminate against these employees if they are satisfactorily performing their duties.
Wage garnishment (Labor Code 2929)-no employer may discharge an employee whose wages have been garnished or threatened with garnishment.
Shopping investigator's report (Labor Code 2930)-protects an employee from discharge based upon a shopping investigator's report, until the employee has been shown the report.
Safety or health complaint (Labor Code 6310)-protects employees from retaliation or discrimination for making a complaint or testifying concerning safety or health conditions.
Refusal to work in unsafe conditions (Labor Code 6311)-no employee shall be discharged for refusing to work in conditions violating any occupational safety or health standard.
Refusal to work hours in excess of time permitted by IWC order (Labor Code 1198.3)-no employer shall discharge or discriminate against an employee for refusing to work time in excess of the hours permitted under an Industrial Welfare Commission order.
Hazardous Substance Act complaints (Labor Code 6399.7)-prohibits an employer from discharging or discriminating against an employee for filing a complaint or testifying regarding alleged violations of the Hazardous Substance Act.