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Labor Commissioner's Office
Retaliation Complaint Investigation Unit (RCI)
The RCI investigates complaints of retaliation or discrimination at work violating these specific Labor Code sections.
Note: Generally, if you are discriminated against at work based on race, color, ancestry, religion, age (40 and over), sex (including pregnancy), sexual orientation, marital status, or national origin (including language restrictions), the Labor Commissioner does not have jurisdiction and you must contact the Department of Fair Employment and Housing. The Labor Commissioner’s Office does handle complaints of differences in pay based on sex under Labor Code section 1197.5, for Equal Pay Act violations.
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.
- How to file a retaliation/discrimination complaint
- Retaliation and discrimination complaints - A summary of procedures (English) (1/2011) ( Pdf Version)
- Retaliation and discrimination complaints - A summary of procedures (Spanish) (1/2011)
- Retaliation and discrimination complaints - A summary of procedures (Chinese) (1/2011)
- Retaliation and discrimination complaints - A summary of procedures (Korean) (1/2011)
- Assurances of participation without retaliation (Rev. 01/2011)
- Aseguramiento de participacion sin represalias (Rev. 01/2011)
- Assurances of Participation Without Retaliation - Korean (Rev. 01/2011)
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) through (i):
1102.5.
(a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
(c) An employer, or any person acting on behalf of the employer, shall 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 of or noncompliance with a local, state, or federal rule or regulation.
(d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised his or her rights under subdivision (a), (b), or (c) in any former employment.
(e) A report made by an employee of a government agency to his or her employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b).
(f) In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding ten thousand dollars ($10,000) for each violation of this section.
(g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information.
(h) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.
(i) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.
(Amended by Stats. 2015, Ch. 792, Sec. 2. Effective January 1, 2016.)
Laws that Prohibit Retaliation and Discrimination
May 2016