Denied Reasonable Accommodations: Employer Retaliation

Standing up for yourself in the workplace should never come with consequences, but for many employees, retaliation is the response they face after requesting reasonable accommodations. Did you know? Retaliation is one of the most common forms of workplace discrimination in California. It often manifests as demotion, harassment, or even termination—actions designed to silence and intimidate you. But here’s the truth: Retaliation is illegal.

When the system fights against you, Fraigun Law Group has your back.

What Are Reasonable Accommodations in the Workplace?

Reasonable accommodations are adjustments or modifications to help employees with disabilities, medical conditions, or pregnancy-related needs perform their job effectively. This might mean modifying your schedule, allowing remote work, or providing specialized equipment. When you request an accommodation, your employer is obligated to engage in a collaborative process to meet your needs—not retaliate against you

Retaliation for Accommodation Requests:
Examples of Employer Misconduct

Unfortunately, some employers see accommodation requests as a threat. Common forms of retaliation include:

a) Demotion or Reassignment: Moving you to a less favorable position after your request.
b) Termination: Firing you under pretense after you’ve asked for accommodations.
c) Harassment: Creating a hostile environment to pressure you into quitting.
d) Negative Performance Reviews: Using unfair evaluations to discredit you.
e) Refusal to Promote: Blocking advancement opportunities as a punishment.

If any of these situations sound familiar, you may have been a victim of employer retaliation.

California Laws Protecting You From Employer Retaliation

The Fair Employment & Housing Act (FEHA)

FEHA is California’s premier anti-discrimination law, prohibiting employers from retaliating against employees who report discrimination, harassment, or other violations of their rights under the Act. It covers retaliation for requesting reasonable accommodations for disabilities, religious practices, or pregnancy-related needs. Employers must engage in a good-faith interactive process and ensure employees are not punished for asserting these rights, filing a complaint with the Department of Fair Employment and Housing (DFEH), or participating in related investigations.

Americans with Disabilities Act (ADA)

While the ADA is a federal law, it applies in California alongside FEHA. The ADA protects employees with disabilities from retaliation for requesting reasonable accommodations or reporting violations of their rights. Employers cannot demote, terminate, or penalize employees for exercising their rights under the ADA. California law often expands on ADA protections, offering additional safeguards for employees with disabilities.

Title VII of the Civil Rights Act of 1964

Title VII prohibits employers from retaliating against employees who oppose discriminatory practices or participate in investigations, hearings, or lawsuits about workplace discrimination. It covers discrimination based on race, color, religion, sex, or national origin. California’s FEHA often goes further, applying to smaller employers and adding protections for sexual orientation, gender identity, and gender expression

Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA)

The FMLA is a federal law providing unpaid leave for qualifying family or medical reasons. In California, the CFRA offers even broader protections. Both laws prohibit employers from retaliating against employees for taking leave to care for a family member, bond with a new child, or recover from a serious illness. The CFRA also covers additional family relationships, such as domestic partners, and applies to employers with five or more employees.

Equal Pay Act (California Pay Transparency Laws)

In addition to the federal Equal Pay Act, California’s Equal Pay Act provides specific protections against retaliation for employees who challenge wage disparities based on gender, race, or ethnicity. California law also requires employers to provide pay scales to applicants and prohibits retaliation against employees who discuss or inquire about wages.

Age Discrimination in Employment Act (ADEA) & California Law

The ADEA protects employees over 40 from retaliation for reporting age discrimination or participating in related legal proceedings. California law, through FEHA, enhances these protections by applying them to employers with fewer employees and offering stronger remedies for retaliation.

California Whistleblower Protection Act (Labor Code § 1102.5)

California’s whistleblower protections are some of the strongest in the nation. Labor Code § 1102.5 prohibits employers from retaliating against employees who report violations of local, state, or federal laws to government agencies or internal authorities. Employees are also protected if they refuse to engage in illegal activities or cooperate with investigations.

California Occupational Safety & Health Act (Cal/OSHA)

Cal/OSHA protects employees who report unsafe working conditions or violations of workplace safety standards. Employers cannot retaliate against workers who file complaints with Cal/OSHA or refuse to perform tasks that pose a serious health or safety risk.

Sarbanes-Oxley Act (SOX) & California Corporate Protections

SOX, a federal law, protects employees of publicly traded companies from retaliation for reporting securities fraud. In California, additional protections under Labor Code § 98.6 safeguard workers who report financial misconduct or violations of corporate governance laws.

Genetic Information Nondiscrimination Act (GINA) & California Laws

GINA prohibits retaliation against employees for disclosing genetic information or opposing genetic discrimination. California’s Confidentiality of Medical Information Act (CMIA) strengthens these protections by adding strict regulations on how employers handle medical and genetic information.

Uniformed Services Employment & Reemployment Rights Act (USERRA) & California Military Protections

Racial discrimination happens when an employee is treated unfairly due to their race or ethnicity. This could include racially charged comments, biased performance evaluations, or exclusion from opportunities. Employers may try to mask these actions, but patterns of bias are often evident through consistent treatment of minority employees.

California Labor Code § 6310

This state law specifically prohibits employers from retaliating against employees who raise concerns about workplace health and safety. It also protects workers who testify in Cal/OSHA proceedings or refuse unsafe work assignments.

California’s Sexual Harassment Protections

Under FEHA, employees who report or oppose sexual harassment are protected from retaliation. California law also requires employers to provide training and take proactive steps to prevent harassment, reinforcing protections for those who stand up against inappropriate behavior.

State-Specific Wage & Hour Protections

California’s wage and hour laws, including protections under the Industrial Welfare Commission (IWC) wage orders, ensure employees are paid fairly for their work. Retaliation is prohibited against employees who report wage theft, unpaid overtime, or meal and rest break violations.

How Do I Know If My Employer’s Actions Count as Retaliation?

It’s not always obvious when retaliation occurs. Ask yourself:

1. Did adverse actions start after you requested accommodations?
2. Were you treated differently compared to others in similar roles?
3. Have you been denied opportunities, promotions, or benefits without valid reasons?

If the answer is “yes” to any of these questions, your rights may have been violated.

What Should I Do If I’m a Victim of Retaliation?

• Document Everything: Save emails, performance reviews, and any communication related to your request or treatment afterward.
• Seek Legal Advice: Contact an employment attorney to evaluate your case and guide you on next steps.
• Don’t Delay: Retaliation claims often have time limits. Acting quickly ensures your rights are protected

Why Choose Fraigun Law Group to Represent You?

When employers retaliate, Marina Fraigun fights back. Marina has earned a reputation for taking on the toughest cases and holding powerful employers accountable. With her no-nonsense approach, she doesn’t just build cases—she builds confidence for employees who feel silenced or powerless. Her legal strategies are sharp, her advocacy relentless, and her commitment to justice unmatched.

Common Questions about Retaliation & Accommodations

When you’re facing workplace discrimination in Los Angeles, it’s normal to feel overwhelmed and unsure about your next steps. You might wonder if what you’re experiencing qualifies as discrimination, how to document your case, or whether it’s even worth pursuing legal action. These concerns are valid, and having the right information can make all the difference. At Fraigun Law Group, we know that discrimination doesn’t just affect your job—it affects your sense of dignity and security. Below, we’ve answered some of the most frequently asked questions to help you better understand your rights and the steps you can take to protect them.

Fraigun Law Group: Your Partner In Justice

You don’t have to endure retaliation in silence. Attorney Fraigun will stand with you, ensuring that employers face the consequences of their unlawful actions. When the workplace turns hostile, Marina turns the tables, delivering justice with strength, strategy, and unwavering resolve.

Take back your power. Call Fraigun Law Group today.