Q: What rights do intermittent employees have when filing a discrimination complaint in the workplace to HR?
I was a CSU union employee for 7yrs and I wasn't informed until January 3, 2024 that my contract was terminated on June 30, 2023. I was employed under a temp status and my contract was renewed each year based on work performance, except for 2020 due to being laid off during the pandemic. I filed a gender discrimination complaint against my supervisors and a faculty member to HR in March 2023. I was let go before HR concluded their investigation and I never received a letter informing me about my termination, as standard protocol per CSUEU bargaining agreement. While I know that I was not guaranteed shifts and can be let go at anytime for any or no reason, is my temp status an obstacle against me to file a retaliation case despite my discrimination complaint and no conclusion from HR before I was let go? My union can't help me with my issue because I am no longer an employee.
A:
Under California law, the rights to file a discrimination or retaliation complaint do not solely depend on the employment status, whether you are a permanent or intermittent (temporary) employee. The California Fair Employment and Housing Act (FEHA) prohibits discrimination, harassment, and retaliation in the workplace and provides protections for all employees, including those in temporary or intermittent positions. Therefore, if you believe you have been discriminated against or retaliated against for filing a discrimination complaint, your temporary status does not inherently prevent you from pursuing a retaliation case.
It's important to understand that the timing and circumstances surrounding the termination of your employment, especially if it closely follows the filing of a discrimination complaint, could potentially be viewed as retaliatory. The fact that you were not informed of your contract's termination in a manner consistent with standard protocols, as outlined in the CSUEU bargaining agreement, may also be relevant to your case. Even though intermittent employees might not be guaranteed shifts or continued employment, employers are still required to adhere to anti-discrimination laws and cannot terminate employment for unlawful reasons, including retaliation for lodging a complaint about discrimination.
Given your situation, where you were not informed of the termination until long after it occurred, and considering that the HR investigation into your discrimination complaint was not concluded before your dismissal, you may have grounds to file a retaliation claim. It would be advisable to consult with an attorney who has experience in employment law to assess the specifics of your case and guide you on the best course of action. They can help evaluate the strength of your claim, considering the evidence of discrimination and retaliation, and advise you on the steps to take next.
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