Preventing Workplace Harassment, Discrimination, and Retaliation

 Interferes with working relationships that are essential to the smooth functioning of the organization. In determining whether or not the speech is protected, consider these questions:  Is the employee speaking on a matter of public concern, which is likely protected, or individual concern, which is likely unprotected?  Has the employee acted in a manner intended to agency, contacted the press, etc.) in which case the employee’s conduct or speech is most likely protected?  Has the employee’s speech unnecessarily disrupted the workplace, resembles unsubstantiated gossip, or interfered with the smooth functioning of the employer? (Note: Some legitimate accusations are so controversial or explosive that they will inevitably be disruptive. Employee speech in such instances will likely be protected, both as free speech and under state and federal whistleblower statutes, discussed below.) rectify the perceived problem (e.g., gone to superiors, filed a complaint with an outside

2. W HISTLEBLOWER S TATUTES

(a) California Labor Code section 1102.5(b) Labor Code section 1102.5(b) prohibits employers from taking an adverse action against an employee because the employee disclosed information of a violation of a local, state, federal law or regulation to a government or law enforcement agency. 135 Section 1102.5(b) prohibits employers, or anyone acting on the employer’s behalf, from retaliating against an employee for disclosing wrongdoing by either the employer or fellow employees. 136 Section 1102.5 protects an employee’s disclosure of wrongdoing even if the employee is not the first one to report it. 137 A disclosure of wrongdoing is not considered “whistleblowing” if the employer directed the employee to disclose the information for a legitimate business purpose. 138 Employees who believes they have been retaliated against for being a “whistleblower” are not required to seek relief from the Labor Commissioner before filing a lawsuit. 139 Since 2016, California extended whistleblower protection to family members of someone who has, or is perceived to have, engaged in protected whistleblowing conduct. The law makes clear that an employer cannot retaliate against a whistleblower or any the whistleblower’s family members who may also work for the agency.

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 34