Speaking up about a safety problem or about harassment can feel risky. This article explains, in general terms, how California law treats retaliation after those kinds of reports, and which agencies generally handle each one. It is general information, not advice about anyone's situation.

The short answer

California generally protects workers who report unsafe conditions and workers who speak out against harassment. But these are two different sets of laws, and they usually go to different agencies.

  • Safety reports are mostly covered by the California Labor Code. Retaliation complaints generally go to the Labor Commissioner's Office.
  • Harassment reports are covered by the Fair Employment and Housing Act (FEHA). Both the harassment and any retaliation generally go to the Civil Rights Department (CRD).

Knowing which track applies can help a worker find the right agency and the right deadline. Our retaliation guide covers the topic more broadly.

Reporting unsafe conditions

California law generally protects workers from retaliation for making oral or written complaints about unsafe working conditions or work practices. This comes from Labor Code 6310. The same law also covers taking part in a workplace health and safety committee and reporting a work-related injury, illness or death (Labor Commissioner: Labor Code sections).

Workers can file a safety complaint with Cal/OSHA at any time at the closest district office. Cal/OSHA keeps the complainant's name confidential unless the person asks otherwise (Cal/OSHA: File a complaint). In the Los Angeles area, Cal/OSHA has district offices in Los Angeles, Monrovia, Van Nuys and Long Beach (Cal/OSHA district offices).

Refusing unsafe work

Labor Code 6311 gives some protection to a worker who refuses unsafe work. Cal/OSHA describes this as limited protection (Cal/OSHA: Retaliation complaints).

Generally, the protection is from being laid off or fired, and two things must both be true. The work would break a Labor Code section or safety standard, and doing it would create a real and apparent hazard to the worker or coworkers (Labor Commissioner: Labor Code sections).

Reporting a violation of law

A separate law, Labor Code 1102.5, generally protects workers who report what they reasonably believe is a violation of law. The report can go to a government agency, or to a supervisor or coworker with authority to look into it or fix it. This protection can apply even if reporting is part of the person's job (Labor Commissioner: Labor Code sections). A safety violation is one example. Our whistleblower guide explains this law in more detail.

Reporting harassment

Harassment rules under FEHA apply to all California workplaces, even very small ones (CRD: Employment). Our harassment guide explains what harassment can include.

The CRD says these steps are protected activity (CRD retaliation fact sheet):

  • Speaking out against harassment or discrimination
  • Asking the CRD for advice, or filing a complaint with it
  • Taking part in an investigation into workplace harassment or discrimination

What retaliation can look like

Retaliation means being punished at work for doing something the law protects. It is not always a firing. The Labor Commissioner lists examples such as firing, demotion, suspension, cutting pay or hours, refusing to hire or promote, and immigration-related threats (Labor Commissioner: Retaliation complaint procedure).

The CRD gives similar examples. They include firing someone for refusing an order they reasonably believe is discriminatory, cutting hours, demotion, taking someone off the schedule, and transferring someone to a different location (CRD retaliation fact sheet).

Walk through it

Review what happened

These questions do not decide whether retaliation occurred. Protection depends on the activity and facts. Some questions help you organize your facts and do not change the result.

Question 1

Did you do something protected?

Did you do something protected?

Retaliation for a workers' compensation claim goes to the Workers' Compensation Appeals Board, which has its own filing rules. Ask about them promptly.

Read this as text

Questions

  1. Did you do something protected?

    Retaliation for a workers' compensation claim goes to the Workers' Compensation Appeals Board, which has its own filing rules. Ask about them promptly.

    • Complained about pay, harassment, discrimination or safety (goes to: What happened after?)
    • Reported something you believed was against the law (goes to: What happened after?)
    • Asked for leave or an accommodation (goes to: What happened after?)
    • Filed or planned a workers' compensation claim, or refused to do something you believed broke the law (goes to: What happened after?)
    • None of these (goes to: Other protections)

  2. What happened after?

    • Fired (goes to: Did the decision-maker know?)
    • Hours, pay or schedule cut (goes to: Did the decision-maker know?)
    • Demoted or written up (goes to: Did the decision-maker know?)
    • Nothing yet (goes to: Keep records)

  3. Did the decision-maker know?

    • Yes (goes to: How soon after?)
    • Not sure (goes to: How soon after?)
    • No (goes to: How soon after?)

  4. How soon after?

    • Soon after (days or weeks) (goes to: Review the connection)
    • Months later, or not sure (goes to: Review the full sequence)

Where each path ends

  • Other protections

    Other protections may apply. Not every situation fits these choices; describe what happened to a lawyer. Retaliation for a workers' compensation claim goes to the Workers' Compensation Appeals Board, which has its own filing rules. Ask about them promptly.

    • Record dates, changes, and who knew about the activity. Deadlines can depend on your facts, so talk to a lawyer soon.
    • For FEHA employment complaints, you must submit an intake form to CRD within 3 years of the act that may break the law. Exceptions may apply. Source: CRD complaint process
    • Labor Commissioner retaliation complaints generally must be filed within 1 year of the retaliatory act. This is not the deadline for every court claim; exceptions may apply. Source: Labor Commissioner filing instructions

  • Keep records

    Other protections may apply. If nothing has changed, keep your complaint and responses, and record any later changes.

    • Record dates, changes, and who knew about the activity. Deadlines can depend on your facts, so talk to a lawyer soon.
    • For FEHA employment complaints, you must submit an intake form to CRD within 3 years of the act that may break the law. Exceptions may apply. Source: CRD complaint process
    • Labor Commissioner retaliation complaints generally must be filed within 1 year of the retaliatory act. This is not the deadline for every court claim; exceptions may apply. Source: Labor Commissioner filing instructions

  • Review the connection

    This may be worth reviewing with a lawyer. Timing is one thing the law looks at, not proof by itself. Employer knowledge and the reason for the decision also matter.

    • Record dates, changes, and who knew about the activity. Deadlines can depend on your facts, so talk to a lawyer soon.
    • For FEHA employment complaints, you must submit an intake form to CRD within 3 years of the act that may break the law. Exceptions may apply. Source: CRD complaint process
    • Labor Commissioner retaliation complaints generally must be filed within 1 year of the retaliatory act. This is not the deadline for every court claim; exceptions may apply. Source: Labor Commissioner filing instructions

  • Review the full sequence

    This may be worth reviewing with a lawyer. A longer gap does not rule out a connection. What the decision-maker knew and the reason given for the decision also matter.

    • Record dates, changes, and who knew about the activity. Deadlines can depend on your facts, so talk to a lawyer soon.
    • For FEHA employment complaints, you must submit an intake form to CRD within 3 years of the act that may break the law. Exceptions may apply. Source: CRD complaint process
    • Labor Commissioner retaliation complaints generally must be filed within 1 year of the retaliatory act. This is not the deadline for every court claim; exceptions may apply. Source: Labor Commissioner filing instructions

From the Retaliation guide

Immigration status

The Labor Commissioner's Office says it will not ask about a worker's immigration status or report it to other agencies. No Social Security number or photo ID is needed to file (Labor Commissioner: How to file). Cal/OSHA also says it does not ask for or report immigration status (Cal/OSHA: Health and safety rights).

Where complaints generally go

Two tracks at a glance

Safety reports (Labor Code)

  • Hazard complaints go to Cal/OSHA
  • Cal/OSHA does not investigate the retaliation
  • Retaliation complaints go to the Labor Commissioner's Office
  • Generally within one year of the adverse action
  • Federal OSHA is another option, generally within 30 days

Harassment reports (FEHA)

  • Harassment and retaliation both go to the CRD
  • Intake form generally within three years of the last harm
  • Harassment rules cover workplaces of every size
  • A right-to-sue notice can be requested right away

Labor Commissioner's Office

Retaliation for a safety complaint is investigated by the Labor Commissioner's Office, not Cal/OSHA (Cal/OSHA: File a complaint). The Labor Commissioner also handles complaints under Labor Code 1102.5, so it is one place workers can file for those as well. A retaliation complaint there generally must be filed within one year of the adverse action, with some exceptions. Workers can file online, in person at a local office, or by mail, including to 320 W. Fourth St., Suite 450, Los Angeles, CA 90013 (Labor Commissioner: Retaliation complaint procedure).

A worker retaliated against for raising a health or safety issue may also file with federal OSHA. That deadline is much shorter, generally 30 days (Labor Commissioner: Retaliation complaint procedure).

Civil Rights Department

In employment cases, a worker generally must submit an intake form to the CRD within three years of the date they were last harmed (CRD complaint process). The CRD has a Los Angeles office at 320 West 4th Street, Suite 1000 (CRD locations).

A CRD intake form can be submitted online through the California Civil Rights System, by phone at 800-884-1684, by mail, or by email (CRD: Employment). To sue under FEHA in an employment case, a worker generally must first get a right-to-sue notice from the CRD. That notice can be requested right away (CRD complaint process).

General filing windows

  1. Generally within 30 days

    Federal OSHA (safety retaliation)

  2. Generally within 1 year

    Labor Commissioner retaliation complaint

    Counted from the adverse action. Some exceptions exist.

  3. Generally within 3 years

    CRD intake form

    Counted from the date the worker was last harmed.

Sources: Labor Commissioner: Retaliation complaint procedure, CRD complaint process

Keeping good records

Many workers find it helpful to write down what they reported, who they told and when. Keeping copies of emails, schedules and pay records can make it easier to explain what happened to an agency later. If a deadline is getting close, checking the agency page soon is a good idea. Our where to file tool can help sort out which agency fits.