Retaliation

Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity. In the accommodation context, protected activities include:

• Requesting an accommodation
• Participating in an accommodation process
• Filing a discrimination complaint
• Serving as a witness in an investigation
• Opposing discriminatory practices

Adverse actions can include: - Termination or demotion - Negative performance reviews - Exclusion from meetings or opportunities - Increased scrutiny or documentation - Hostile treatment - Reduction in hours or pay

Retaliation is illegal even if the underlying accommodation request is ultimately denied. The timing of adverse actions relative to protected activity is often key evidence of retaliation.