As a California employee, you have the right to a workplace free of discrimination. Employers are prohibited from taking any action that violates your right to a safe, discrimination-free workplace or the same rights afforded to your co-workers. Employers are also prohibited from taking adverse action against an employee for reporting incidents of discrimination or other employment violations. However, some California employees aren't fully protecting their rights in the workplace because they aren't sure what qualifies as an adverse action.
Common Types of Adverse Actions Seen in California Workplaces:
Termination of employment
Belittling an employee in the media, on social media, or in company newsletters, memos, etc.
Threatening demotion, a pay cut, or an unfavorable relocation or reassignment
Taking away supervisory responsibilities
Micromanaging / overly scrutinizing, analyzing, or examining your work
Threatening an employee or a member of the employee's family with an immigration action (like deportation)
Adverse employment actions can take many forms, but these are some of the most common in California workplaces.
Examples of Common Adverse Actions in California:
Even after identifying what constitutes an adverse action, applying the definition to actual workplace scenarios can be difficult. Here are a few examples of what an adverse action looks like in a California workplace.
1. After filing a complaint on behalf of a new hire who was being harassed by a supervisor in a neighboring department, you are put under surveillance while at work.
2. After noting in a team meeting that assignments aren't being distributed as outlined in the employee handbook, you are sent to an unfavorable location.
3. After you report a safety violation during a visit to an active job site, you are excluded from lunches attended by other team members.
4. After you notify your employer that you will need to take maternity leave, you are assigned more work than your co-workers with the same job description and pay rate.
5. After notifying your employer that your direct supervisor discriminates against certain team members, others begin sabotaging and undermining your work.
6. After you submit a request to review the overtime pay calculation policy at the company, you are offered only the most undesirable shifts on the schedule.
If you need to discuss employment law violations, contact Moss Bollinger, Sherman Oaks, California employment law attorney. He's dedicated to protecting and asserting the rights of his clients. Call 866-942-7974 today for a free consultation, or contact us online.