How is a whistleblower protected from employer retaliation?

A whistleblower is a person who reports an employer’s illegal or unethical practices, which is known as whistleblowing. In California, whistleblowers are protected from employer retaliation by the California Whistleblower Protection Act. The Act prohibits employers from discharging, demoting, suspending, retaliating, or in any manner discriminating against an employee who discloses information in good faith that the employee reasonably believes constitutes a violation of state or federal law or regulations. Additionally, the Act protects employees who assist or participate in investigations, hearings, or other proceedings to protect public safety and health. The California Labor Code also protects whistleblowing employees by requiring employers to provide a “safe working environment” in which employees can freely report any violations of state or federal law without fear of retaliation. This includes prohibiting employers from taking any adverse action against employees who file complaints or participate in investigations or proceedings related to their employer’s unlawful practices. Finally, California’s Fair Employment and Housing Act also offers protection for whistleblowers, prohibiting employers from retaliating against employees who oppose discriminatory practices. As long as an employee’s claim is based on an objectively reasonable belief, they will be protected from employer retaliation. For example, if an employee reasonably believes that their employer is discriminating against another employee based on their race, and reports it, they cannot be retaliated against for doing so.

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