Restorative justice is often viewed as a constructive way to repair harm and foster accountability. However, when employees engage in restorative justice programs in the workplace or criminal justice context, questions can arise about whether doing so leaves them exposed to retaliation. At Allred, Maroko & Goldberg, our employment attorneys explore how participation in restorative practices intersects with legal protections under federal and state law, and what employees can do if they experience retaliation after taking part in the process.
Understanding Restorative Justice in Modern Workplaces
Restorative justice began as an alternative to traditional punitive measures in the criminal justice system, focusing on repairing relationships between victims and offenders. In workplaces, restorative justice has evolved into a method of conflict resolution that promotes communication, accountability, and healing after incidents such as harassment or discrimination.
These programs can include victim-offender mediation, restorative circles, or facilitated dialogues aimed at repairing harm rather than punishing wrongdoing. Yet, when an employee engages in one of these processes, they may still wonder—am I protected if I experience retaliation for participating in such a program later?
Retaliation: What the Law Protects
Retaliation occurs when an employer takes materially adverse action against an employee for engaging in a protected activity. Protected activities can include:
- Filing or supporting a discrimination complaint under Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA).
- Opposing discrimination in good faith, even without a formal complaint.
- Requesting reasonable accommodations or taking protected leave under the Family and Medical Leave Act (FMLA).
If your participation in a restorative justice program involves discussing discrimination, harassment, or any unlawful employment practice, your actions may qualify as protected opposition under these laws. Employers who retaliate by demoting, firing, or otherwise punishing you for your involvement could face serious legal consequences.
When Restorative Justice Meets Retaliation Risk
While restorative justice aims to promote healing, not punishment, it can inadvertently expose participants to retaliation if employers misuse the process. Examples include:
- An employee participates in a restorative dialogue after raising concerns about workplace discrimination, and management subsequently excludes them from projects or other work.
- A worker speaks candidly about harassment during mediation, and afterward receives unwarranted discipline or a negative job reference.
- A former employee joins a restorative process as part of a settlement agreement, only to experience adverse treatment when seeking future employment.
Under both federal and California law, these actions can constitute retaliation, even if the employer contends they have legitimate business reasons.
What Federal and California Law Say
Federal statutes such as Title VII, the ADA, and the FMLA all contain anti-retaliation provisions. Courts have repeatedly ruled that even informal actions—like threats, reassignment, or ostracism—can be retaliatory if they would deter a reasonable person from exercising their rights.
California’s Fair Employment and Housing Act (FEHA) and California Labor Code section 1102.5 provide broader anti-retaliation protections, prohibiting retaliation against employees who oppose unlawful practices, report suspected legal violations, or participate in investigations or proceedings related to workplace misconduct. These protections may extend to participation in employer or third-party processes, including restorative justice programs, when such participation involves protected opposition, reporting, or investigative activity.
Proving a Retaliation Claim After Restorative Justice
To establish retaliation, you must generally show:
- You engaged in a protected activity (for example, participating in a restorative dialogue about discrimination).
- Your employer took adverse action against you (termination, demotion, exclusion, or other penalties).
- A causal connection exists between your participation and the retaliation.
Evidence such as emails, witness statements, or timing between your participation and the adverse action can support your claim. A qualified employment lawyer can help collect proof and navigate complex retaliation laws.
The Limits of Restorative Justice Protection
Restorative justice participation is not, by itself, an automatic shield against retaliation. It is most effective when paired with clear legal rights, robust anti-discrimination policies, and documented communications that show good-faith involvement. Employers are encouraged to clarify that participation in such processes will not lead to negative consequences.
For employees, understanding your rights before entering a restorative justice process is essential. If your employer fails to protect you or retaliates afterward, you may have grounds for a formal legal claim.
Why Legal Guidance Matters
Even with the best intentions, restorative justice programs can blur the line between informal resolution and formal legal processes. An experienced employment attorney can help you determine whether participation creates risk, how to document potential retaliation, and when to take action under state or federal law.
At Allred, Maroko & Goldberg, our team has decades of experience protecting employees against retaliation, discrimination, and wrongful termination. We can help ensure your participation in restorative justice serves its purpose—healing—without jeopardizing your career or legal rights.
Protect Your Rights with Allred, Maroko & Goldberg Law
If you believe you’ve faced retaliation after taking part in a restorative justice process, don’t face it alone. The attorneys at Allred, Maroko & Goldberg Law are dedicated to defending employee rights across California. Call 323-746-1853 today for a free consultation and learn how we can help you protect your career and peace of mind.