Employees that are punished by their employers
for attempting to ensure safe and healthful working conditions
may sue for wrongful termination in violation of the public
policies advanced by the health and safety laws. The federal law
that requires health and safety in the workplace is the
Occupational Health and Safety Act of 1970 (“OSHA”), Title 29
U.S.C. Sections 651, et seq. In California, the Division of
Occupational Safety and Health protects workers and the public
from safety hazards by enforcing California's occupational and
public safety laws and provides information and consultative
assistance to employers, workers and the public about workplace
and public safety matters.
Freedom of Speech and Association / Political
Activity / 1st Amendment Rights
Certain forms of workplace speech are protected
by the law, including opposition to discrimination, sexual
harassment, and violations of the wage and health and safety
laws.