Can an employer retaliate against an employee if the employee's reasonable belief turns out to be incorrect?

California, United States of America


The following excerpt is from Martinez v. Rite Aid Corp., B228621M (Cal. App. 2013):

antidiscrimination statute. A rule that permits an employer to retaliate against an employee with impunity whenever the employee's reasonable belief turns out to be incorrect would significantly deter employees from opposing conduct they believe to be discriminatory. [Citations.]" (Ibid.) Thus, "'it is good faith and reasonableness, not the fact of discrimination, that is the critical inquiry in a retaliation case.'" (Id. at p. 1043, fn. 4, italics omitted; see also Miller v. Department of Corrections (2005) 36 Cal.4th 446, 474 ["[a]n employee is protected against retaliation if the employee reasonably and in good faith believed that what he or she was opposing constituted unlawful employer conduct such as sexual harassment or sexual discrimination"].)

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