Chapter 3 – Personnel, Training, and Employee Relations

31140.22 Retaliation Investigations

• OIAOffice of Internal Affairs is responsible for investigating retaliation as defined under the California Whistleblower Protection Act and other California retaliation protective statutes, except for retaliation associated with EEOEqual Employment Opportunity Office (see Office of Internal Affairs) complaints and processes which fall under the responsibility of the OCROffice of Civil Rights (see OIA).  EEOEqual Employment Opportunity Office (see Office of Internal Affairs) related retaliation complaints that are received by OIAOffice of Internal Affairs shall normally be forwarded to OCROffice of Civil Rights (see OIA) for review and consideration.

• Upon receipt, the OIAOffice of Internal Affairs CIU shall conduct a review and analysis of all non-EEOEqual Employment Opportunity Office (see Office of Internal Affairs) related retaliation complaints. Each complaint shall be evaluated on its merits to determine if a prima facie case of retaliation can be established.

• In order for a complaint or referral for investigation to establish a prima facie case of retaliation and be accepted by OIAOffice of Internal Affairs, the following must be established:

  • That an employee directly or indirectly used or attempted to use official authority or influence for the purposes of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command for the purpose of interfering with the reporting of an improper governmental activity or making a protected disclosure; or

  • That the employee: a) made a disclosure to a manager or supervisor of what is believed to be an improper governmental activity; b) was or is cooperating in an investigation of improper governmental activity; or c) refused to obey an illegal order or directive; and

  • The alleged retaliator was aware of the protected activity, protected disclosures, or failure to obey an illegal order; and

  • The employee subsequently suffered reprisal, retaliation, threats, coercion, intimidation, or similar acts; and

  • There was a causal connection between the protected disclosure, protected activity, or refusal to obey an illegal order and the adverse acts.