Senate Bill 497, also known as the Equal Pay and Anti-Retaliation Protection Act, amends California Labor Code §§ 98.6, 1102.5, and 1197.5 to lessen the burden for employees attempting to establish a prima facie case of whistleblower retaliation. The amendments now allow an employee to establish a rebuttable presumption that an employer has retaliated against them if the employer engages in an adverse employment action within 90 days of the employee engaging in activity protected under any of the three specified Labor Code sections. This amendment in in line with prior courts already finding such a presumption based on the timing of a termination in relation to the employee’s engagement in protected activity. However, the amendment also adds a civil penalty of up to $10,000 per employee per violation.
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