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Retaliation Complaint Unit

Investigates complaints alleging discriminatory retaliation in the workplace on the basis of various Labor Code sections.

Note: If you feel you are being discriminated against in your employment based upon any of the criteria listed here, please be advised that the DLSE does not have jurisdiction and you must contact the Department of Fair Employment and Housing at http://www.dfeh.ca.gov/Default.htm: race, color, ancestry, religion, age (40 and over), sex (including pregnancy), sexual orientation, marital status or national origin (including language restrictions).

Employees

As an employee in the State of California, you have the right to speak to representatives of the office of the California Labor Commissioner or any other government or law enforcement agency about any issues affecting your working conditions. Your employer cannot fire, demote, suspend or discipline you for answering any questions or providing any information to a government agency.

Employers

It is illegal in the State of California to retaliate against any employee who provides information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses a violation or noncompliance with a state or federal statute, rule, or regulation. You cannot discharge, demote, suspend or discipline in any manner an employee who engages in this protected activity.

California Labor Code section 1102.5 states in subsections (a) (b) (c) and (d):

1102.5. (a) An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.

(b) An employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.

(c) An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.

(d) An employer may not retaliate against an employee for having exercised his or her rights under subdivision (a), (b), or (c) in any former employment.

Laws prohibiting retaliation & discrimination (Rev. 1/2011) acrobat small logo