Our experienced California employment law attorneys at Romero Law know that workplace disability discrimination refers to unfair or unfavorable treatment of employees or job applicants based on their disability status, perceived disability, or association with an individual with a disability. Disability discrimination is prohibited under state and federal law, including the California Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA).
Once a California worker proves disability discrimination is occurring, they are typically taken off guard again by workplace retaliation, when an employer takes adverse action against an employee in response to their complaints or reports of disability discrimination.
Retaliation for reporting disability discrimination is illegal and can have significant legal consequences for employers. However, handling retaliation requires a strategic and cautious approach to ensure that the proper legal remedies can be pursued.
Here, we offer tips on building your retaliation claim.
Tips for Building Your Workplace Retaliation Claim
If you have reported disability discrimination in your California workplace or to an outside agency, you are probably already familiar with your protections. Understanding your rights can empower you to recognize and address retaliation, which can include adverse actions such as demotion, termination, reduced hours, or hostile treatment.
If you experience retaliation after reporting disability discrimination, following your company’s internal policies for reporting such behavior is essential. In writing, report the retaliation to your supervisor, HR department, or other designated authority. Keep a copy of your complaint for your records.
Keep detailed records of the adverse actions you experienced, including dates, times, witnesses, and relevant communications—emails, memos, and performance evaluations. Continue to document any further instances of retaliation to strengthen your case and support your claim of unlawful retaliation.
If internal remedies fail to address the retaliation, you may file an employment law claim with an attorney focusing on disability discrimination and retaliation cases. At Romero Law, APC, our employment law attorneys can assess the strength of your case, advise you on your rights and options, and help you navigate the legal process. Employees who experience retaliation may be entitled to remedies such as reinstatement, back pay, compensatory damages, punitive damages—in cases of intentional retaliation—and attorney’s fees and costs.
Retaliation and legal proceedings can be stressful and emotionally challenging. Take steps to prioritize your mental health and well-being, such as seeking support from friends, family, or a therapist.
Remember that retaliation for reporting workplace discrimination, including disability discrimination, is illegal in California. By taking these steps and seeking legal assistance, you can protect your rights and hold your employer accountable for unlawful retaliation.
Contact Our Experienced Los Angeles County disability Discrimination and Retaliation Attorneys Today
Contact our experienced Los Angeles County disability discrimination and retaliation attorneys today to discuss your unique circumstances. Our employment law firm and bilingual staff offer services in both English and Spanish and are available to discuss your case by calling (626)-396-9900 or contacting us online.