Glossary

Term · California: Leave, Money, and Paperwork

retaliation

Also: anti-retaliation, retaliation for taking leave

An employer punishing a worker for asking for or taking protected leave, such as firing, demoting, or cutting hours. California and federal law forbid it.

In plain words

Retaliation is when an employer takes a negative action against a worker because the worker asked for leave or used it. Examples include firing, demotion, a cut in hours, a poor review, or being moved off a project. The law treats this as a separate wrong from simply refusing leave. California's and the forbid it, and so does the federal . is covered by the same protections. A worker who believes she was retaliated against may file a complaint with the Civil Rights Department. Timing and documentation matter in these cases, so the details of what happened often decide the outcome. The size of the employer can change which law applies.

The deeper version

Retaliation claims follow the burden-shifting framework of McDonnell Douglas Corp. v. Green (1973): the worker shows protected activity, an adverse action, and a causal link, often shown by temporal proximity, and the employer then offers a legitimate reason. Under the , 29 U.S.C. section 2615(a)(2) prohibits discrimination against a worker for exercising rights, and the regulations treat interference and retaliation as separate theories. California's (Government Code section 12945.2) and FEHA (Government Code section 12940) provide parallel claims, with administrative complaints filed through the Civil Rights Department. Courts have debated whether a worker must show a retaliatory motive, and how much weight temporal proximity alone should carry.

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Sources

  • US Congress — Family and Medical Leave Act of 1993, 29 U.S.C. section 2615
  • State of California — Government Code section 12945.2 (California Family Rights Act)

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