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4088 An employee's refusal to follow a supervisor's order that she reasonably believes to be discriminatory is a protected activity under the FEHA, if the employer knew of the employee's belief even though the employee never explicitly stated her belief, and gives rise to a suit under the FEHA if it leads to retaliatory adverse employment action; adverse employment action occurs when the totality of an employer's conduct has a material, negative, effect on the terms and conditions of employment; if the employer engaged in a series of individual acts that, taken together, constitute adverse employment action, but none of which by itself would have constituted adverse employment action, the series of acts may be regarded as a continuing violation, with the statute of limitations beginning to run from the last act in the series.CitationYANOWITZ v L'OREAL (Unattractive Subordinate) 36 C4 1028 [See: GovC 12940; Yanowitz v L'oreal (RevGrtd) 106 CA4 1036, T/AT 4/03; Akers v County 95 CA4 1441, T/AT 3/03; Richards v CH2M 26 C4 798, T/AT 9/01; National RR v Morgan 536 US 101]
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