When it comes to workplace discrimination and wrongful termination in California, it can sometimes be difficult to determine whether your employer’s actions were unkind or illegal. While some moves may seem unfair, they must meet certain qualifications in order to prove that your boss was breaking the law.
According to the U.S. Equal Employment Opportunity Commission, your employer does have the right to discharge or discipline any employee as long as the motives are not discriminatory or retaliatory in any way. If a punishment is used to discourage the employee from reporting any of these behaviors, the move may qualify as illegal.
Actions that can be considered unfair punishments can include transferring you to a lower position, making work more difficult or giving a performance evaluation that unjustly punishes you. Some of the moves that may not be as well-known include spreading false rumors about you, being verbally abusive or making threats. Increasing the scrutiny of your work performance following a violation of EEO standards is another way employers can retaliate.
You should also understand what motives are considered a violation of EEO standards. If you request an accommodation for a religious practice or disability, resist sexual advance or refuse to follow discriminatory orders, any retaliatory actions might be considered illegal. Other unlawful motives include reporting discrimination, answering questions during harassment investigations or filing EEO complaints. If you feel that any of these motives led to your unlawful treatment, you may be a victim of retaliation. This information is intended for your education and should not be considered legal advice.