FEHA Retaliation: What It Is, Why It Happens, and What California Employees Can Do About It
Employees in California have some of the strongest workplace protections in the nation. Under the California Fair Employment and Housing Act (FEHA), employers are prohibited from retaliating against workers who engage in “protected activity”, such as reporting discrimination, requesting accommodations, or participating in investigations.
Yet retaliation remains one of the most common and harmful violations employees experience. It often happens quietly, through subtle punishment, exclusion, or negative treatment—and can escalate to demotion or termination.
This guide explains what FEHA retaliation is, why it occurs, how to identify it, and what steps you can take to protect yourself.
What Is Retaliation Under FEHA?
Legal definition
FEHA (California Gov. Code § 12940(h)) makes it unlawful for an employer to retaliate against an employee because they engaged in protected activity. (law.justia.com)
Retaliation means any adverse action taken by an employer that would deter a reasonable employee from speaking up or exercising their rights.
What counts as “protected activity”?
Under FEHA, protected activity includes when an employee:
- Reports or opposes discrimination or harassment.
- Requests a disability or medical accommodation.
- Participates in a workplace investigation.
- Supports someone else making a complaint.
- Reports retaliation, unsafe practices, or legal violations.
- Asserts rights under FEHA (even informally).
Employers cannot retaliate, even if the underlying complaint is ultimately not proven, so long as the employee acted in good faith.
What counts as retaliation?
Under California law, examples include:
- Termination, demotion, pay cut.
- Reduction in hours or benefits.
- Exclusion from meetings or opportunities.
- Suddenly negative performance evaluations.
- Unwarranted discipline or increased scrutiny.
- Creating a hostile or intimidating environment.
The California Civil Rights Department (CRD) states that retaliation is illegal when an employer takes adverse action because the employee exercised their rights. (calcivilrights.ca.gov)
Why Retaliation Happens
Retaliation frequently occurs because:
- A supervisor feels challenged or embarrassed when misconduct is reported.
- An employer wants to silence or discourage further complaints.
- A company fears legal liability or investigation.
- A manager misunderstands FEHA and believes a complaint is “disloyal.”
- The workplace culture rewards silence and punishes resistance.
In many cases, retaliation isn’t announced—it shows up as subtle hostility, exclusion, or disparate treatment.
How to Recognise FEHA Retaliation
The timing
Retaliation often happens soon after protected activity. California law even considers this timing a key piece of evidence.
Sudden changes in how you’re treated
Signals may include:
- A shift from positive reviews to sudden criticism.
- Being micromanaged or isolated after your complaint.
- Being written up for minor infractions.
- Losing responsibilities or opportunities you previously had.
Different treatment than others
If you are treated more harshly than coworkers who didn’t complain or request accommodations, this may support a retaliation claim.
Pretextual reasons
When the employer’s stated reason for an adverse action is untrue, exaggerated, or inconsistent with your record, it may be a “pretext” for retaliation.
Your Rights Under FEHA
- Protection against retaliation
Employers cannot punish you for asserting your FEHA rights.
- Protection during accommodation requests
FEHA makes it unlawful to retaliate against employees for requesting reasonable accommodations. (calcivilrights.ca.gov)
- Broad definition of workplace retaliation
California courts interpret retaliation broadly—covering actions that may not be severe but still harmful or discouraging.
- Enforcement through California Civil Rights Department (CRD)
Employees may file a FEHA retaliation complaint within three years of the retaliatory act. (calcivilrights.ca.gov)
What to Do If You Suspect Retaliation
Step 1: Document everything
- Save emails, texts, performance reviews, and notes.
- Document the protected activity (e.g., complaint or accommodation request).
- Keep track of any adverse actions and dates.
- Write down witness names and statements.
Step 2: Request written explanations
If you received a write-up, demotion, or negative review, ask for:
- The factual basis.
- The policy or expectation allegedly violated.
- Any prior records supporting the action.
Often, employers cannot provide consistent or legitimate explanations.
Step 3: Report internally if safe
You may choose to notify HR or a supervisor that you believe the conduct is retaliatory.
This creates a record and shows you acted in good faith.Step 4: Do NOT quit without legal guidance
Leaving a job voluntarily can complicate your claim. Always speak with an employment lawyer first.
Step 5: File a complaint with CRD
If the employer does not take corrective action, you may file a formal complaint with the California Civil Rights Department (formerly DFEH).
Process here:
https://calcivilrights.ca.gov/complaintprocess/Step 6: Consult an employment lawyer
A lawyer can:
- Evaluate whether retaliation occurred.
- Help gather evidence and witness statements.
- File CRD complaints or right-to-sue letters.
- Pursue legal claims or settlement.
- Protect you from further retaliation.
Workers who get legal support early often achieve better outcomes.
Conclusion
Retaliation is illegal—and you deserve a workplace where you can speak up without fear. FEHA provides powerful protections, but the key is recognizing the signs early, documenting thoroughly, and taking action when necessary.
You don’t have to handle retaliation on your own. Legal guidance can help you protect your job, your rights, and your peace of mind.
📣 Call to Action
If you believe you’re facing workplace retaliation after reporting discrimination, requesting accommodations, or exercising your rights, contact Smith & Reback Law for a confidential consultation.
📧 Intake1818@smithrebacklaw.com
📞 (213) 433-1818
📍 16255 Ventura Boulevard, Suite 600, Encino, California 91436Your voice matters. Your rights are real. And we’re here to protect them.
