Retaliation for Requesting a Reasonable Accommodation: Know Your Rights

Discrimination against employees extends beyond the initial denial of reasonable accommodations. Retaliation for requesting a reasonable accommodation is a serious violation of the law, and employees have legal recourse to protect their rights.

Understanding Reasonable Accommodations

The California Fair Employment and Housing Act mandates that employers provide qualified individuals with disabilities with reasonable accommodations, unless doing so creates an undue hardship. These modifications allow employees with disabilities to perform the essential functions of their jobs. 

Examples of reasonable accommodations include:

• Adjusted work schedules or telecommuting arrangements
• Accessible equipment or software
• Modifications to the physical work environment
• Reallocation of non-essential job duties

The accommodation should not impose an undue burden on the employer's operations. Open communication between employees and employers is crucial in finding mutually beneficial solutions.

Identifying Retaliatory Actions

Retaliation for requesting a reasonable accommodation can manifest in various ways. Here are some warning signs to be aware of:

• Increased scrutiny of job performance, leading to unwarranted disciplinary actions
• Deliberate changes in job duties or scheduling that create undue hardship
• A sudden shift in the work environment fostering hostility or intimidation
• Unexplained negative performance reviews or denial of promotions

It's important to remember that even if an initial request for accommodation is denied, employers are strictly prohibited from retaliating against employees who exercise their rights under California law.

Freeburg & Granieri: Your Trusted Advocates

Retaliation for requesting a reasonable accommodation is illegal. You deserve a workplace free from discrimination. At Freeburg & Granieri, we have a proven record of success protecting employee rights under the ADA.Don't be silenced. Contact us today for a free consultation. Our team will fight for fair treatment and the compensation you deserve. Talk to us and take back control.