Can I Be Fired for Reporting Harassment or Discrimination at Work in California?
Reviewed by Eliot Rushovich, Rise Law Firm, PC
No. California law prohibits an employer from firing, demoting, or otherwise punishing an employee because the employee reported or complained about harassment or discrimination. The protection applies whether the complaint was made to a supervisor, to human resources, or to a government agency, and it applies even if the conduct you reported is later found not to be unlawful, so long as you reported it in good faith. If you were fired after making that kind of complaint, you may have a retaliation claim under the California Fair Employment and Housing Act (FEHA) and related laws.
The practical question in most cases is not whether retaliation is illegal, but whether the evidence shows that your complaint was the reason for the firing. The sections below explain what counts as a protected complaint, what counts as retaliation, and how these cases are proven.
What counts as reporting harassment or discrimination?
FEHA protects employees who oppose practices the statute forbids, file a complaint, or testify or assist in a proceeding (Gov. Code § 12940(h)). Courts read this protection broadly. Examples of protected activity include:
- Complaining to a supervisor, manager, or human resources about sexual harassment, racial comments, or other harassment based on a protected characteristic
- Reporting that you or a coworker was treated differently because of race, sex, age, disability, pregnancy, religion, national origin, sexual orientation, or another protected characteristic
- Participating as a witness in an internal investigation of someone else’s complaint
- Supporting a coworker’s complaint or refusing to take part in conduct you believe is discriminatory
- Filing a complaint with the California Civil Rights Department or the EEOC
- Requesting a reasonable accommodation for a disability or a religious practice (Gov. Code § 12940(l), (m))
The complaint does not need to be in writing, and it does not need to use legal terms such as “harassment” or “discrimination.” What matters is that the employer understood, or reasonably should have understood, that you were raising a concern about conduct that FEHA prohibits. A written complaint, such as an email to human resources, is often easier to prove later.
You also do not need to prove that the harassment or discrimination you reported actually happened. The California Supreme Court has held that an employee is protected when opposing conduct the employee reasonably and in good faith believed was discriminatory (Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028). A retaliation claim can succeed even when the underlying complaint cannot.
A report of harassment or discrimination may also be protected by California’s whistleblower statute, Labor Code section 1102.5, when it is made to a person with authority to investigate and you reasonably believe it discloses a violation of law. That statute uses a burden of proof that is favorable to employees, discussed below.
What counts as retaliation besides being fired?
Termination is the most common form of retaliation, but it is not the only one. Under Yanowitz, an action is retaliatory if it materially affects the terms, conditions, or privileges of employment, and courts look at the employer’s conduct as a whole rather than at each incident in isolation. Retaliation can include:
- Demotion, a pay cut, or loss of a bonus or commission opportunity
- A reduction in hours, shifts, or territory
- A transfer to a less desirable position, location, or schedule
- Sudden negative performance reviews or write-ups that lead to discipline
- Exclusion from meetings, projects, or promotions
- Being forced to resign because working conditions became intolerable (constructive discharge)
A series of smaller actions that begins after a complaint can together amount to retaliation, even if no single action would be enough on its own.
How do you prove you were fired because you complained?
Employers rarely admit that a complaint was the reason for a termination. They usually point to performance, attendance, a policy violation, or a restructuring. Retaliation is therefore usually proven with circumstantial evidence showing that the stated reason is not the real one. The evidence that tends to matter most includes:
- Timing. A termination that follows a complaint by days or weeks is strong evidence of a connection, particularly when nothing else changed in between.
- A change in treatment. Good reviews, raises, or praise before the complaint, followed by criticism, write-ups, or a performance plan after it.
- Knowledge. Evidence that the people who made the termination decision knew about the complaint.
- Shifting or inconsistent reasons. An employer that gives one reason at the time of termination and a different one later.
- Departures from policy. Skipping progressive discipline, or treating you more harshly than coworkers who did not complain.
- Statements. Comments by managers describing you as a “problem,” “not a team player,” or similar after the complaint.
Under FEHA, the employee must show that the complaint was a substantial motivating reason for the termination. Where Labor Code section 1102.5 applies, the employee only needs to show that the complaint was a contributing factor, and the burden then shifts to the employer to prove by clear and convincing evidence that it would have fired the employee anyway for a legitimate reason (Lab. Code § 1102.6; Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703). That is a demanding standard for an employer to meet.
What should you do if you were fired after complaining?
- Write down a timeline while it is fresh. Note the date of each complaint, who you told, how you told them, and every change in treatment that followed, through the date of termination.
- Keep what you already have. Save copies of your own emails, texts, performance reviews, pay records, and the termination notice. Do not take confidential company documents or other employees’ private information.
- Be careful with a severance agreement. Severance agreements almost always include a release of all claims against the employer. Signing one may give up a retaliation claim, so understand what you are releasing before you sign.
- Pay attention to deadlines. The main deadlines are listed below.
| Claim | Deadline |
|---|---|
| FEHA retaliation | File a complaint with the Civil Rights Department within 3 years; then file suit within 1 year of the right-to-sue notice |
| Whistleblower retaliation (Lab. Code § 1102.5) | Generally 3 years |
| Wrongful termination in violation of public policy | 2 years |
| Federal claims (Title VII) | File with the EEOC within 300 days (the deadline for California employees) |
| Public employers | Non-FEHA claims generally require a government claim within 6 months |
These deadlines can be shorter or longer depending on the facts, so it is best not to wait.
Frequently asked questions
Do I have a claim if my employer investigated my complaint and found nothing?
Possibly. A retaliation claim depends on why you were fired, not on whether the employer’s investigation substantiated your complaint. A good-faith complaint is protected even when the investigation finds no violation.
What if my complaint was only verbal?
A verbal complaint is protected. It can be harder to prove, so write down when you made it, who you spoke with, and what was said, and identify anyone who witnessed the conversation.
My employer says I was let go in a layoff. Can it still be retaliation?
Yes. A layoff or restructuring can be used to cover a retaliatory decision. The questions are usually how employees were selected, whether you were the only person or one of very few selected, and whether the selection followed the employer’s own criteria.
What compensation is available in a retaliation case?
Depending on the facts, recoverable damages can include lost wages and benefits, future lost earnings, and emotional distress damages. Punitive damages may be available where the employer acted with malice, oppression, or fraud, and FEHA allows a prevailing employee to recover attorney’s fees.
Does it matter whether I worked for a private company or a public agency?
FEHA applies to both. Claims against public agencies can carry additional procedural requirements, including a six-month government claim deadline for some claims, so timing is especially important. Public entities are also not liable for punitive damages (Gov. Code § 818), although the other categories of damages remain available.
Talk to a California retaliation lawyer
Rise Law Firm represents employees throughout California in retaliation and wrongful termination cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, and we are particularly well known for handling high-profile cases. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.
If you were fired after reporting harassment or discrimination, contact us to request a free, confidential consultation. You can learn more on our Los Angeles retaliation, Long Beach retaliation, and Los Angeles wrongful termination pages.
This article provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship.