Whistleblower Protections (Protection Against Retaliation)

What about retaliation against someone who makes a report of sexual harassment or sexual assault, or who serves as a witness or otherwise assists in the investigation?

A whistleblower is a term for someone who reports illegal behavior.

The California Fair Employment and Housing Act (FEHA) makes it unlawful for employers to retaliate, or get back at, anyone who makes a report of sexual harassment or sexual assault, or anyone serves as a witness or otherwise assists in the investigation.

Retaliation includes any detrimental or negative action including but not limited to:

or a threat to take any of these actions.

Under California law, employers must take all reasonable steps to PREVENT retaliation.

Protection against retaliation is an integral part of encouraging the reporting of unlawful behavior in the workplace.

Retaliation – Implications for Supervisors

When supervisors respond to a report of sexual harassment, they must be very careful not to take actions that can be perceived as retaliation.

For example, upon hearing a report of sexual harassment, supervisors’ first instinct is often to relocate the victim in order to separate the parties.  This seems like a way to help prevent additional problematic interactions from occurring while the initial incident is being investigated, and can accompany very good intentions. 

However, if the victim’s position is location-specific, for example a stockroom clerk, relocating him/her out of the stockroom without consent could be seen as retaliatory as it could potentially interfere with the victim’s ability to do his/her job. And since a supervisor may relocate the victim if she/he requests it, the supervisor is well-advised to get this request in writing before making the change.

This training does not permit a thorough treatment of all considerations of managing employees during an in-process investigation of a sexual harassment complaint.  Therefore:

Supervisors are encouraged to know and consult the reporting resource contact person of their organization immediately upon becoming aware of an incident of sexual harassment,

and to coordinate all employee management response(s) with that contact person right away,

to minimize the perception of retaliation and other risks.

The most common charge of workplace discrimination before the EEOC is retaliation.

Retaliation charges were 56 % of all the complaints made in 2021.

Retaliation charges are normally the most costly for employers.

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©2023 Required Training Solutions.  All Rights Reserved.

Ready to move forward in the course?

First, tap or click the Understood check mark button in the center windowsill.

Next, tap or click the Next Lesson right arrow in the right windowsill.

©2023 Required Training Solutions.  All Rights Reserved.