How to file a retaliation/discrimination complaint
Employees, former employees, or job applicants who have suffered retaliation or discrimination may file a retaliation complaint. The Labor Commissioner’s Office maintains a listing of California laws that specifically prohibits retaliation, discrimination, and pay inequity.File a Retaliation and/or Equal Pay Act Claim
Workplace discrimination complaints based on race, color, ancestry, religion, age (40 and over), disability, medical condition, genetic information, sex (including pregnancy), sexual orientation, marital status, military and veteran status, or national origin (including language restrictions), should be filed with the Department of Fair Employment and Housing.
After you file the complaint
- Who can file a complaint
- Prepare to file your complaint
- Filing your complaint
- After you file the complaint
- Settlements and Determinations
The Retaliation Complaint Investigation Unit (RCI) reviews retaliation complaints and determines if an investigation is merited. You will receive a notice stating whether your complaint will be investigated.
Be sure to update the investigator assigned to your case with any change to your address or phone number. This must be done in writing. Include your full name and complaint number in the update.
The investigation may include:
- Interviews with you, the employer (including managers and supervisors), and witnesses
- The identities of witnesses remain confidential unless disclosure is necessary for the investigation.
- Requests for documents
The investigator may schedule a conference or hearing that you and your employer must attend.
- Instructions and guide for filing an Equal Pay Act complaint
- Equal pay cases handout
- Rights of Victims of Domestic Violence, Sexual Assault and Stalking