Retaliation Generally. It is unlawful for an employer or other covered entity
to demote, suspend, reduce, fail to hire or consider for hire, fail to give
equal consideration in making employment decisions, fail to treat impartially
in the context of any recommendations for subsequent employment that the
employer or other covered entity may make, adversely affect working conditions
or otherwise deny any employment benefit to an individual because that
individual has opposed practices prohibited by the Act or has filed a
complaint, testified, assisted or participated in any manner in an
investigation, proceeding, or hearing conducted by the Council or Department or
Opposition to practices
prohibited by the Act includes, but is not limited to:
(A) Seeking the advice of the Department or
Council, whether or not a complaint is filed, and if a complaint is filed,
whether or not the complaint is ultimately sustained;
(B) Assisting or advising any person in
seeking the advice of the Department or Council, whether or not a complaint is
filed, and if a complaint is filed, whether or not the complaint is ultimately
(C) Opposing employment
practices that an individual reasonably believes to exist and believes to be a
violation of the Act;
Participating in an activity that is perceived by the employer or other covered
entity as opposition to discrimination, whether or not so intended by the
individual expressing the opposition; or
(E) Contacting, communicating with or
participating in the proceeding of a local human rights or civil rights agency
regarding employment discrimination on a basis enumerated in the Act.
Assistance with or
participation in the proceedings of the Council or Department includes, but is
not limited to:
(A) Contacting, communicating
with or participating in the proceedings of the Department or Council due to a
good faith belief that the Act has been violated; or
(B) Involvement as a potential witness, which
an employer or other covered entity perceives as participation in an activity
of the Department or the Council.
(b) Exception for Reasonable Discipline.
Nothing in these regulations shall be construed to prevent an employer or other
covered entity from enforcing reasonable disciplinary policies and practices,
nor from demonstrating that the actions of an applicant or employee were either
disruptive or otherwise detrimental to legitimate business interests so as to
justify the denial of an employment benefit.
Cal. Code Regs. Tit.
Note: Authority cited: Section
Government Code. Reference: Sections
1. Change without
regulatory effect renumbering former section 7287.8 to new section 11021 and
amending Note filed 10-3-2013 pursuant to section 100, title 1, California Code
of Regulations (Register 2013, No. 40).