The Office of Internal Affairs reviews and processes retaliation complaints. Complaints can come in from a variety of sources, including victims of retaliation, the hiring authority or other outside State agencies.
To meet the legal requirements to establish retaliation, the Office of Internal Affairs must ensure the complainant (1) has made a protected disclosure or participated in a protected activity (2) was thereafter subjected to an adverse employment action; and (3) establish a causal link exists between the protected disclosure/protected activity and the employer’s action. Government Code Section 8547 is referred to as the California Whistleblower Protection Act and defines retaliation in detail.
The Office of Internal Affairs will review the retaliation complaint to determine if a “prima facie” case of retaliation can be established. The Office of Internal Affairs reviews the retaliation complaint to determine if the elements of retaliation exist. If necessary, the Office of Internal Affairs conducts an interview of the complainant so that facts can be clarified and additional questions answered. Upon completion of the review, a retaliation analysis is prepared with a recommendation to the Central Intake Unit, to either open as an Internal Affairs investigation, close with no further action, or refer to the Hiring Authority.