Employment Law Blog

Filter:  2019 September

Retaliation Under the California Fair Employment and Housing Act

Under the California Fair Employment and Housing Act (“FEHA”), an employer may not “discharge, expel, or otherwise discriminate against any person because the person opposed any practices forbidden under [FEHA] or because the person has filed a complaint, testified, or assisted in any proceeding under [FEHA].”  Cal. Gov. Code § 12940(h). 
FEHA retaliation claims follow the McDonnell-Douglas burden-shifting framework.  Yanowitz v. L’Oreal USA, Inc., 36 Cal.4th 1028, 1042 (2005).  To establish a prima facie case for retaliation, the employee must establish that (1) they engaged in an activity protected under FEHA, such as filing a discrimination claim; (2) the employer subjected them to adverse employment action; and (3) there was a causal connection between the employee’s protected activity and the employer’s adverse action.  Id.  Once the employee has established a prima facie case for retaliation, the burden shifts to the employer to provide a legitimate, nonretaliatory explanation for the adverse employment action.  Id.  Should the employer successfully rebut, the burden shifts back to the employee to prove intentional retaliation.  Id. 

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