You did the right thing. You spoke up, asked for a reasonable accommodation, and expected fair treatment. Instead, your employer turned against you. Maybe they cut your hours, assigned you impossible tasks, or suddenly questioned your performance. Perhaps the hostility was more subtle—a shift in tone, cold shoulders from colleagues, or a negative job reference that ruined future opportunities.
Retaliation after requesting workplace accommodations isn’t just unfair—it’s unlawful. No one should fear backlash for standing up for their rights, especially when dealing with a disability, medical condition, or personal hardship. The law is on your side, and you don’t have to fight this battle alone.
If you’ve been mistreated for simply asking for what you need to do your job, there are legal remedies. Let’s break down your rights, how to recognize employer retaliation, and the steps you can take to protect yourself and your future.
Understanding Workplace Retaliation After Requesting Accommodations
Employees have the right to request reasonable accommodation for disabilities without fear of punishment. However, employer retaliation remains a serious issue, often discouraging employees from asserting their rights. Retaliation occurs when an employer takes adverse action against an employee for engaging in a protected activity, such as requesting reasonable accommodation under the Americans with Disabilities Act (ADA). If you experience retaliation, you have legal options to fight back and hold your employer accountable.
Laws Protecting Employees from Retaliation
Several federal laws protect employees who request accommodations, ensuring a workplace free from discrimination and retaliation. These laws include:
Americans with Disabilities Act (ADA) – Protects employees from disability discrimination and guarantees the right to reasonable accommodation unless it causes undue hardship to the employer.
Civil Rights Act of 1964 – Prohibits employment discrimination based on race, color, religion, sex, or national origin, including retaliation for opposing conduct violating these protections.
Age Discrimination in Employment Act (ADEA) – Protects employees over 40 from age discrimination and retaliation.
National Labor Relations Act (NLRA) – Protects workers from retaliation when engaging in collective bargaining or labor organizing activities.
Equal Employment Opportunity Commission (EEOC) Enforcement Guidance – Outlines procedures for handling retaliation complaints and ensures enforcement against discriminatory practices.
These laws safeguard employees from unlawful retaliation and provide legal remedies if an employer takes adverse action in response to an accommodation request.
Recognizing Retaliation After Requesting Accommodations
Retaliation can take many forms, some subtle and others overt. Both retaliation and discrimination can negatively impact your career and workplace environment. Some common examples of adverse action include:
Termination or demotion after requesting an accommodation
Unwarranted discipline or sudden performance issues
Negative job reference provided to prospective employers
False criminal charges or fabricated misconduct allegations
Materially adverse action such as salary reduction, schedule changes, or undesirable reassignments
Hostile work environment created by an employer to force an employee out
If retaliation occurs, document all incidents, including verbal or written statements from supervisors that indicate retaliatory intent.
Proving Retaliation in an ADA Lawsuit
To succeed in a retaliation claim, you must demonstrate three key elements:
Protected Activity – You engaged in a protected activity, such as requesting accommodation or reporting discrimination.
Adverse Action – Your employer took a materially adverse action, such as demotion, termination, or harassment.
Causal Connection – A link exists between your protected activity and the employer’s adverse action.
Courts examine the employer’s proffered reason for the action to determine if retaliation was the true motive. If you can prove retaliation, you may be entitled to compensatory and punitive damages, equitable relief, or reinstatement to your position.
Legal Remedies for Retaliation Victims
Employees subjected to retaliation have several legal options:
Filing a Retaliation Charge with the EEOC – The EEOC investigates retaliation complaints and can pursue legal action on behalf of employees.
Private Lawsuit Against Employer – You can file an ADA lawsuit against private employers, seeking punitive damages for the harm caused.
Temporary or Preliminary Relief – Courts may grant temporary or preliminary relief to prevent further harm while your case is pending.
Employment Act Protections – Additional protections may apply under the employment act in your state.
How to Protect Yourself from Employer Retaliation
If you suspect retaliation, take these steps to protect your rights:
Document Everything – Keep records of verbal or written statements, emails, and performance evaluations before and after your requesting accommodation.
Report Retaliation Internally – Notify HR or your company’s compliance officer about adverse action taken against you.
Seek Legal Counsel – A qualified employment discrimination attorney can assess your case and guide you through the legal process.
File a Legal Complaint – If internal complaints fail, file a retaliation charge with the EEOC or take legal action in court.
Common Defenses Employers Use Against Retaliation Claims
Employers often attempt to justify retaliation with false or misleading reasons. Common defenses include:
Legitimate Business Reason – Claiming the adverse action was due to performance issues or company restructuring.
No Causal Connection – Arguing that the protected activity was not linked to the negative employment action.
Employee Misconduct – Asserting that the employee violated company policies, justifying termination.
A skilled attorney can challenge these defenses by presenting evidence of retaliatory intent and inconsistencies in the employer’s proffered reason.
How an Employment Lawyer Can Help
A lawyer specializing in employment discrimination cases can assist you by:
Gathering evidence to prove retaliation
Negotiating settlements or equitable relief
Filing lawsuits against private employers or employment agencies
Representing you in court if litigation is necessary
Retaliation remains the most frequently alleged basis of workplace complaints, making legal representation crucial for a successful outcome.
Frequently Asked Questions (FAQ) on Workplace Retaliation and Legal Protections
1. What protections do employees have under the Civil Rights Act when facing retaliation?
The Civil Rights Act prohibits retaliation against employees who report discrimination, harassment, or other unlawful workplace practices. If an employer punishes you for standing up against conduct opposed to this law—such as racial discrimination or sexual harassment—you may have grounds for a retaliation claim. These protections apply to hiring, firing, promotions, and other key employer actions that could negatively impact your career.
2. How do ADA protections help employees who face retaliation after requesting accommodations?
Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to employees with disabilities unless doing so creates an undue hardship. If an employer retaliates against an employee for requesting accommodations—such as cutting their hours, reassigning them to less desirable job duties, or creating a hostile work environment—it violates ADA protections. Employees who experience ADA retaliation can take legal action to restore their rights.
3. What should I do if my employer denies my accommodation request and retaliates against me?
If you experience an unlawful denial of a workplace accommodation and then face retaliation, document everything. Keep records of emails, verbal conversations, and any negative changes in your treatment at work. You may need to file a complaint with the Equal Employment Opportunity Commission (EEO laws) or take legal action. Proving retaliation requires showing that your request was reasonable, and that your employer took an adverse action against you because of it.
4. Can my former employer retaliate against me after I leave the company?
Yes. A former employer can engage in unlawful retaliation even after you have left. If they provide negative job references, spread false information, or take actions to prevent you from securing new employment, they may be breaking the law. You have a former employee’s right to seek legal recourse if retaliation affects your future career opportunities.
5. How does the Supreme Court define unlawful workplace retaliation?
The Supreme Court has ruled that retaliation includes any action that would dissuade a reasonable person from reporting discrimination or exercising their workplace rights. This includes termination, demotion, harassment, or even more subtle forms of retaliation, like exclusion from meetings or loss of career opportunities. Courts consider the total impact of an employer’s actions, not just whether they directly violate workplace policies.
6. What is a reasonable good faith belief in retaliation cases?
A reasonable good faith belief means that an employee must genuinely believe they are experiencing retaliation, and their belief must be reasonable based on the circumstances. Even if the employer claims they had a different reason for their actions, an employee can still prove retaliation if they can show that the employer action was linked to their protected activity, such as reporting discrimination or requesting an accommodation.
7. Can labor organizations protect employees from workplace retaliation?
Yes, labor organizations often provide guidance, advocacy, and legal support to employees facing retaliation. If you are a union member, your union can help file grievances, negotiate on your behalf, or even pursue legal action against your employer. They can also assist with disputes related to job duties, wage issues, and unlawful terminations.
8. What is the interference provision under workplace retaliation laws?
The interference provision prevents employers from discouraging employees from exercising their legal rights. This includes attempts to deter protected activity such as filing complaints, requesting accommodations, or reporting workplace discrimination. If an employer threatens, intimidates, or pressures an employee to stay silent, they may be violating federal employment laws.
9. Do federal sector employees have the same protections against retaliation?
Yes, employees in the federal sector are protected under EEO laws and the Civil Rights Act. They can file retaliation claims if they face negative consequences for reporting discrimination, harassment, or other unlawful practices. The process for federal employees may involve additional legal steps, such as filing a complaint through the Equal Employment Opportunity Commission (EEOC) or pursuing action through their agency’s internal complaint system.
10. How can I prove retaliation in the workplace?
To prove retaliation, you must establish:
That you engaged in a protected activity, such as requesting an accommodation or reporting discrimination.
That your employer took an adverse action against you, such as demotion, reduced hours, or unfair disciplinary actions.
That there is a clear connection between your protected activity and the employer’s negative response.
Evidence such as verbal or written statements, emails, performance reviews, and witness testimony can strengthen your case.
11. Can employers legally justify their retaliatory actions?
Employers often try to justify retaliation by giving a proffered reason for their actions, such as poor performance or company restructuring. However, if you can demonstrate that their justification is false or inconsistent, you may be able to challenge their reasoning in court. The law protects employees from disguised forms of retaliation, even if an employer claims otherwise.
12. What should I do if I suspect retaliation but don’t have solid proof?
If you have a reasonable belief that you are being retaliated against but lack direct evidence, start documenting everything immediately. Keep a record of performance reviews, emails, and any changes in your work environment. Consult an attorney who specializes in employment law to determine whether you have enough evidence to move forward with a claim.
13. Can an employer retaliate against me for supporting other employees’ discrimination claims?
Yes. If you support other employees who are filing complaints about workplace discrimination, your employer cannot retaliate against you. This includes testifying on behalf of a coworker, providing evidence, or simply voicing your support. Federal law protects employees who assist in legal proceedings related to workplace discrimination.
14. What types of compensation can I receive if I win a retaliation lawsuit?
If you successfully prove retaliation, you may be entitled to:
Lost wages (if you were demoted, fired, or had your hours reduced)
Compensatory and punitive damages for emotional distress and suffering
Equitable relief, such as reinstatement to your position or removal of negative records
Attorney’s fees, ensuring that you don’t bear the cost of legal action alone
15. How can an employment attorney help me fight workplace retaliation?
An experienced employment attorney can:
Assess your case and determine if you have a valid retaliation claim
Gather evidence, interview witnesses, and build a strong legal argument
Negotiate with your employer or take legal action if necessary
Represent you in court to ensure you receive justice and fair compensation
Retaliation after requesting accommodations or standing up for your rights is illegal. If you are facing workplace retaliation, take action today. You don’t have to navigate this alone—seeking legal counsel can help protect your career, your financial security, and your peace of mind.
Stand Up for Your Workplace Rights
No one should suffer punishment for requesting reasonable accommodation or opposing conduct that violates their rights. If you’ve experienced unlawful retaliation, don’t wait to take action. At Bourassa Law Group, our attorneys understand the complexities of retaliation claims and fight to protect employees against discrimination and retaliation.
Contact us today for a free consultation to discuss your case and explore your legal options. Let us help you restore justice in your workplace environment.
1-800-870-8910