Preventing Workplace Harassment, Discrimination, and Retaliation

These statutes also include provisions expressly prohibiting employers from retaliating against employees for initiating or assisting in the investigation of alleged false claims. 152

Employers found to have violated the California False Claims Act can be liable for damages, including double the amount of back pay. The False Claims Act also mandates that the employer pay litigation costs and reasonable attorneys’ fees. 153

Case Study on Whistleblower Retaliation

Wilkins v. St. Louis Housing Authority 154 An employee of the St. Louis Housing Authority reported to the United States Department of Housing and Urban Development (HUD) deficiencies in the Authority’s security operations and its misrepresenting of those deficiencies to HUD. After raising his concerns, the Authority fired the employee. He sued the Authority under the federal False Claims Act. The Court of Appeals upheld a jury award against the Authority. The Court found that the employee’s conduct was protected because he reasonably believed that the Authority had acted fraudulently when it misrepresented its security operations.

3. W ORKING C ONDITIONS Many state and federal statutes that regulate working conditions or create worker protections also prohibit retaliation against employees who seek to enforce those statutes. The list below is not exhaustive, but illustrates the range of employer conduct that may be subject to retaliation claims:  Laws that entitle employees to family medical leave: Both the federal Family Medical Leave Act 155 and California Family Rights Act 156 prohibit retaliation against employees who try to invoke their family medical leave rights. California Labor Code section 233(c) prohibits employers from threatening to discipline, disciplining, or in any way discriminating against employees who use or who attempt to use family sick leave. Additionally, California Labor Code section 234 expressly prohibits employers from counting Family Sick Leave toward absence control policies that may lead to or result in discipline, discharge, demotion, or suspension.  Pregnancy disability law prohibits employers from retaliating against employees exercising their pregnancy leave rights. 157  California’s military leave laws 158 and the Uniformed Services Employment and Reemployment Rights Act 159 ensure that employees are not adversely affected in their employment after taking leave for military service.  Both the federal Fair Labor Standards Act 160 and California Labor Code establish laws regulating wages. Both also explicitly protect employees who seek to enforce these laws from retaliation. 161

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 37