Preventing Workplace Harassment, Discrimination, and Retaliation

Violation of Labor Code Section 1102.5(b) constitutes a criminal offense under Labor Code section 1103.

The phrase, “government or law enforcement agency” includes a public employee’s own employer. 140

(b) California Labor Code section 1102.8 – Posting of “Whistleblower Hotline” Labor Code section 1102.8 requires that employers display a poster listing employees’ rights and responsibilities under the whistleblower laws. This poster must include the phone number for the whistleblower hotline. 141 . (c) Private Attorney General Act of 2004 – California Labor Code section 2698 et seq . The California Labor Code contains a variety of provisions that allow the Labor and Workforce Development Agency to assess and collect civil penalties from employers found to have violated those provisions. Through Labor Code section 2698 et seq ., aggrieved employees can themselves collect, by prevailing in a civil action brought on behalf of themselves or others, the civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency. 142 The prevailing employees are also entitled to an award of reasonable attorneys’ fees and costs. 143 (d) California Government Code section 53297 Under Government Code section 53297, a public employee may file a written complaint under penalty of perjury with a local agency regarding: gross mismanagement, a significant waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. 144 An employer is prohibited from taking any reprisal against any employee or applicant for employment who files a complaint pursuant to Section 53297, unless the local agency reasonably believes that said action or inaction is justified on the basis of separate evidence which shows any of the following:  The employee’s complaint has disclosed information that the employee knows to be false or has disclosed information without regard for the truth or falsity thereof.  The employee’s complaint has disclosed information from records which are closed to public inspection pursuant to law.  The employee’s complaint has disclosed information which is confidential under any other provision of law.  The employee was the subject of an ongoing or existing disciplinary action prior to the disclosure of information with the local agency.  The employee has violated any other provision of the local personnel rules and regulations, has failed to perform assigned duties, or has committed any other act unrelated to the disclosure that would otherwise be subject to personnel action. 145

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 35