Protected activity

What it is

Protected activity is the first element of a retaliation claim: something the employee did that the law shields. Under FEHA, it includes opposing practices FEHA forbids and filing a complaint, testifying or assisting in a proceeding (Government Code section 12940(h)). Requesting CFRA leave is protected under CFRA's own provisions.

Other California sources

Labor Code section 1102.5 protects an employee who discloses information to a government or law enforcement agency, to a person with authority over the employee, or to someone with authority to investigate, when the employee reasonably believes it shows a violation of law, regardless of whether disclosure is part of the job. Labor Code section 98.6 protects employees who file a bona fide complaint or claim with the Labor Commissioner or engage in other conduct the Labor Code lists. Complaining about unpaid wages, unsafe conditions or harassment can each qualify.

Why it matters to a plaintiff firm

Retaliation cases turn on dates. The firm needs the exact date of each protected act and who knew about it, because the employer's knowledge and the gap before the adverse action carry much of the proof. Clients often describe protected activity loosely ("I complained"). Intake should pin down to whom, how, when, and in what words, with emails and texts collected early. See the retaliation timeline guide.