At the Leichter Law Firm, APC, Los Angeles employment law attorney Aryeh Leichter knows that in California, employees with disabilities have the right to request reasonable accommodations in the workplace without fear of retaliation.
Unfortunately, some employers still respond negatively to these requests, creating a hostile environment and discouraging employees from asserting their rights. Understanding your legal protections is essential if you’ve faced retaliation for seeking disability accommodations. This blog is designed to help you recognize retaliation and protect yourself in California workplaces.
Understanding Disability Accommodation Requests and Retaliation
Under California’s Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA), employees with disabilities are entitled to reasonable accommodations to perform their essential job functions. These accommodations might include modified schedules, specialized equipment, or work-duty changes.
Retaliation occurs when an employer takes adverse action against an employee because they requested accommodations.
This can include actions like:
- Demotions.
- Salary cuts or denial of promotions.
- Unjustified negative performance reviews.
- Increased scrutiny or unwarranted disciplinary actions.
- Hostile or harassing behavior.
If any of these adverse actions happen after you’ve requested accommodations, you may have grounds to claim retaliation.
California law provides robust protections to employees who assert their rights. FEHA and ADA prohibit retaliation against employees who request accommodations in good faith, even if the request is not granted.
In addition, California’s Labor Code also safeguards employees from retaliation related to their working conditions and health and safety needs.
Steps to Take if You’ve Experienced Retaliation After Requesting Reasonable Accommodations for a Disability in California
The initial step in pursuing a disability accommodation retaliation claim is to keep records of your original accommodation request, any correspondence with HR or supervisors, and any adverse treatment that began after your request: document emails, performance evaluations, or notes about conversations. Substantial documentation is critical to supporting your retaliation claim.
Next:
- File a Complaint with HR or Management
If you suspect retaliation, first bring it to the attention of your HR department. Then, file a formal complaint describing the retaliation and providing all relevant details. A documented complaint can show that you took steps to address the issue internally before escalating further.
- Consider Filing a Complaint with the California Civil Rights Department
If internal channels don’t resolve the issue, consider filing a complaint with California’s Civil Rights Department. This agency handles cases related to disability discrimination and retaliation. Filing a complaint is an important step that preserves your right to pursue further legal action if necessary.
- Seek Support
Going through a retaliation claim can be challenging. Consider contacting support groups or mental health professionals specializing in workplace issues. Surrounding yourself with support can help you stay resilient throughout the process.
Consult with a Los Angeles Employment Attorney Who Can Protect and Enforce Your Rights
Standing up against retaliation doesn’t just protect your rights—it contributes to a fairer workplace for all employees. When workers exercise their rights without fear, they foster an inclusive environment where individuals with disabilities can thrive. If your employer retaliates against you, pursuing justice safeguards your career and may help prevent similar situations for others.
Retaliation cases can be complex and emotionally taxing. Speaking with a qualified employment attorney in Los Angeles can help you understand your legal options and ensure your rights are fully protected. An attorney can also guide you through gathering evidence, filing claims, and navigating negotiations with your employer.
Requesting disability accommodations is a right, not a privilege. Retaliation in response to such a request is not only unjust—it’s illegal. Knowing your rights and the steps to take can make a critical difference in your career and personal well-being. If you’ve experienced retaliation, don’t hesitate to seek the guidance and support you need to protect yourself. Standing up for your rights today helps shape a workplace culture that values and respects every employee, regardless of their needs.
Contact Aryeh Leichter, the Leichter Law Firm, APC founder, and employment law attorney in Los Angeles County, today to discuss the legal remedies that may be available for your unique circumstances, starting with a free consultation by calling 818-915-6624 or contacting the firm online.