Section 14071 - Retaliation Generally(a) It shall be unlawful for any covered entity to take adverse action against an aggrieved person because the person has engaged in protected activity. (1) "Because of" means that the retaliation was a motivating factor in causing harm. Retaliation need not be the sole motivating factor.(2) The adverse action need not be related directly to the nature of the protected activity.(3) Retaliation may be established by direct evidence or circumstantial evidence, including the temporal proximity between the protected activity and the adverse action.(b) Proof in Retaliation Cases (1) To establish a prima facie case of retaliation, an aggrieved person or the Department must show that: (A) the aggrieved person engaged in a protected activity;(B) the respondent subjected the aggrieved person to an adverse action; and(C) a causal connection or link exists between the protected activity and the adverse action.(2) If an aggrieved person or the Department establishes a prima facie case, the respondent must then establish a legitimate non-retaliatory reason for the adverse action, whereupon the burden shifts back to the aggrieved person or the Department to demonstrate that the proffered reason is pretextual or false.(c) Persons Protected. For purposes of a retaliation claim, an aggrieved person includes any person who has alleged that they have been subjected to adverse action due to engagement in a protected activity.(1) A person does not have be a member of a protected class in order to assert a claim for retaliation.(2) A person does not need to allege or prove discrimination or denial of full and equal access, or prevail on a separate claim under any provision of the Act or these regulations, in order to assert a claim for retaliation.(3) An aggrieved person may prevail on a retaliation claim even if: (A) the aggrieved person was engaged in a protected activity challenging practices which the aggrieved person reasonably believed to be unlawful, whether or not those practices are determined to be unlawful; or(B) the aggrieved person was participating in an activity which was perceived by the respondent as protected activity, whether or not it was so intended by the aggrieved person.(d) "Protected activity" includes: (1) making a complaint, testifying, assisting, or participating in any manner in a proceeding, including any proceeding under Article 9.5, the California Fair Employment and Housing Act, California Civil Code section 51, 51.5, 51.7, 54, 54.1, or 54.2, the federal Fair Housing Act, the Americans with Disabilities Act, the federal Civil Rights Act, section 504 of the Rehabilitation Act, or any other state or federal civil right statutes;(2) opposing practices prohibited by the Act, this subchapter, other implementing regulations, the California Fair Employment and Housing Act, Civil Code section 51, 51.5, 51.7, 54, 54.1, or 54.2, the federal Fair Housing Act, the Americans with Disabilities Act, the federal Civil Rights Act, or section 504 of the Rehabilitation Act, including seeking the advice of the state, any state or local agency, the Department or Council, or a person employed or retained by a recipient who has authority to receive, transmit, investigate, or discover a complaint, or correct an alleged violation, whether or not a complaint is filed, and if a complaint is filed, whether or not the complaint is found to have merit;(3) assisting or advising any person in seeking the advice of the state, any state or local agency, the Department or Council, or a person employed or retained by a recipient who has authority to receive, transmit, investigate, or discover a complaint, or correct an alleged violation, whether or not a complaint is filed, and if a complaint is filed, whether or not the complaint is found to have merit;(4) participating in an activity that is perceived by the state, any state or local agency, or a recipient as opposition to discrimination or denial of full and equal access, whether or not so intended by the individual participating in the activity;(5) contacting, communicating with, or participating in a proceeding of a human rights or civil rights agency regarding discrimination or denial of full and equal access on a basis enumerated in Article 9.5, this Division, or other implementing regulations;(6) assisting with or participating in the proceedings of the state, any state agency, or a recipient including involvement as a potential witness, which the state, any state or local agency, or a recipient perceives as participation in a proceeding alleging a violation of Article 9.5, this Division, or implementing regulations;(7) seeking information, formally under a Public Records Act request, or informally, regarding programs or activities of a state, any state agency, or a recipient; or(8) requesting a reasonable accommodation or reasonable modification for an individual with a disability, or requesting an interactive process meeting, whether or not the request was granted.(e) Violations of this section are considered a discriminatory practice as set forth in Article 9.5, this subchapter, and other implementing regulations, and subject to remedial actions described in Article 4, supra.Cal. Code Regs. Tit. 2, § 14071
Note: Authority cited: Section 12935(a), Government Code. Reference: Sections 11135, 11136, 11137, 11139, 12926, 12926.1 and 12940, Government Code.
1. New section filed 3-19-2024; operative 7/1/2024 (Register 2024, No. 12).