Workplace Retaliation: How California Employees are Protected Even 90 Days After the Event

Workplace retaliation continues to be a serious issue for many employees who speak out about unfair treatment, harassment, or illegal practices within their organizations. Unfortunately, many employees do not know that there are laws protecting them from retaliation and ensuring that they aren’t punished for exercising their rights. 

While California employers have previously been prohibited from retaliating against employees who engage in protected activities, California law has strengthened these protections to ease the process for employees. One key protection under California law is the 90-day window of protection, introduced through Senate Bill 497. This law makes it clear that employees are shielded from retaliation even if it happens months after they engage in protected activities, like filing complaints or participating in investigations. Let’s dive into how this works.

What is Workplace Retaliation?

Workplace retaliation happens when an employer punishes an employee for engaging in a protected activity, per California Law. This may include filing a discrimination complaint, reporting unsafe working conditions, or participating in workplace investigations. Punishment doesn’t just mean being fired or demoted; adverse actions such as being denied a raise or a transfer to a less desirable position or missing out on training or mentorship activities can be considered retaliation, which is illegal under California law. 

The 90-Day Rule

Under California law, and more specifically, Senate Bill 497 (SB 497), employees are protected from retaliation for up to 90 days after participating in a protected activity. SB 497, passed in 2023, created a rebuttable presumption that if you experience retaliation within 90 days of participating in a protected activity, it’s considered retaliatory behavior. If an employer negatively acts towards you within 90 days, it’s automatically assumed to be a retaliatory motive unless they can prove otherwise. If an employer is found to have retaliated against you, they may face up to $10,000 in civil penalties per violation, in addition to other remedies.

For example, let’s say you report harassment or file a safety violation complaint, and about two and a half months later, you’re demoted, reassigned, or even fired. Under SB497, the law assumes this action is retaliation unless your employer can show a legitimate, non-retaliatory reason for what happened. This 90-day window can give you peace of mind, knowing that even if your employer delays retaliation, you still have legal grounds to defend yourself. 

What Should Employees Do To Protect Themselves?

If you think you are experiencing retaliation, especially after engaging in a protected activity, you must document everything. This includes a record of any negative actions taken against you and when these adverse actions started. Additionally, track the dates and communication with your employers, whether it’s through emails, meetings, or even informal conversations. 

Employers know this 90-day window, so if you experience retaliation after this period, do not panic. The 90-day rule does not mean you lose protection after this timeframe; it is just that the law makes it easier to prove retaliation within the first 90 days. If more than 90 days have passed, you still have legal options.

It is always a good idea to consult an attorney if you suspect retaliation. They can help you understand your rights, guide you through filing a formal complaint with the California Department of Fair Employment and Housing (DFEH), and hold your employer accountable.

Contact a California Employment Lawyer Today

If you have faced workplace retaliation, contact a California employment lawyer promptly to protect your rights and explore legal options.