What are Protected Activities With Regard to Harassment in California

Protected activities support a fair and respectful work environment by allowing employees to address discrimination, hostile work environments, and other adverse employment actions. In California, both federal and state protections exist to prevent workplace retaliation for engaging in these actions.

Here are 10 key examples of protected activities:

• Reporting Harassment or Discrimination: Whether the report involves sexual harassment, hostile work environment claims, or other discrimination based on protected characteristics, employees are entitled to report these issues without facing adverse action from their employer.
• Participating in Workplace Investigations: Employees participating in investigations of harassment or discrimination in the workplace are protected from wrongful termination and other forms of retaliation for cooperating in these legal processes.
• Standing Against Illegal or Unethical Practices: Opposing or refusing to support unlawful or unethical workplace practices, such as labor law violations or discriminatory treatment, is protected under state and federal laws.
• Assisting Others Facing Harassment or Discrimination: Supporting colleagues who experience workplace discrimination or retaliation—such as by testifying, being a witness, or encouraging them to report incidents—is safeguarded against retaliation.
• Requesting Accommodations for Disabilities or Religious Practices: Under California law and the Americans with Disabilities Act (ADA), employees are entitled to request reasonable accommodations for disabilities or religious beliefs, with protection from adverse actions such as demotion or termination.
• Declining to Participate in Harassing or Discriminatory Behaviors: Employees are protected if they refuse to engage in or support actions that violate equal treatment policies.
• Rejecting Requests Violating Equal Treatment Policies: Refusing orders that could harm a coworker’s rights or create unequal treatment is classified as a protected activity.
• Seeking Information About Pay or Conditions to Address Discrimination: Requesting compensation information, pay disparities, or job conditions to determine if discrimination exists is a recognized protected activity under California labor laws.
• Exercising Legal Rights Related to Leave (FMLA, State Leave Laws): Employees are legally entitled to take leave under the Family and Medical Leave Act (FMLA) and other California leave laws without fear of adverse employment action or termination.
• Supporting Co-Workers in Asserting Their Rights: Encouraging coworkers to assert their legal rights, file complaints, or request workplace accommodations is a protected action under state and federal law.

Under California law and the National Labor Relations Act (NLRA), along with federal protections from agencies like the Equal Employment Opportunity Commission (EEOC), employers are prohibited from taking adverse actions against employees for engaging in these protected activities. Prohibited retaliatory actions might include demotion or wrongful termination.

Employees who face workplace retaliation for engaging in any of these actions may have the right to file a retaliation claim to seek the compensation they deserve and address any adverse actions that were taken against them.