You think you're being retaliated against.

If something changed after you asked for an accommodation, pay attention. Trust what you're noticing.

It's not always a dramatic firing. More often, it's a slow shift.

Obvious retaliation:

  • Termination or demotion after requesting accommodation
  • Sudden disciplinary action with no prior history
  • Significant change to job duties, schedule, or pay
  • Being transferred to a less desirable position or location

Subtle retaliation (just as illegal):

  • Exclusion from meetings, projects, or opportunities you were previously included in
  • Sudden "performance concerns" that didn't exist before your request
  • Increased scrutiny or micromanagement
  • Changed attitude from your manager or colleagues
  • Being left off emails or out of decisions
  • Negative performance review that doesn't match prior feedback
  • Your accommodation being "forgotten" or implemented inconsistently
  • Comments like "ever since your accommodation..." or "if you can't handle the job..."

You don't have to be sure to start protecting yourself.

Ask yourself:

  • When did the treatment change? Was it before or after my request?
  • Am I being treated differently than colleagues in similar situations?
  • Has my manager's attitude shifted since they learned about my disability or accommodation?
  • Would this have happened if I'd never made the request?

If the answer to any of these makes you uncomfortable, document it. You don't need to prove retaliation to start keeping records. You just need to notice that something has changed.

Start documenting immediately. If you haven't been, start today. If you have been, keep going.

For each incident, record:

  • Date and time
  • What happened (factual, specific)
  • Who was involved
  • Who witnessed it
  • Exact words used (direct quotes when possible)
  • What preceded it and what followed
  • How it connects to your accommodation request or disability

Also document:

  • The timeline: when you made your request, when the treatment changed
  • Comparative treatment: are coworkers in similar situations treated the same way?
  • Any communications (save emails, messages, written materials)
  • Your own performance record before and after the request

This depends on your situation.

Reporting internally can:

  • Create an official record of your concern
  • Give your employer a chance to correct the behavior
  • Strengthen a future legal claim by showing you raised the issue

But be aware:

  • HR works for the company, not for you
  • Reporting may escalate the situation before you're ready
  • Some employers retaliate further after internal complaints (which is also illegal, and also evidence)

If you do report internally, do it in writing. Keep a copy. Be factual and specific:

"I'm writing to report a concern. Since my accommodation request on [date], I've experienced [specific changes]. I believe this treatment may be connected to my request, and I'm asking for it to be addressed."

Whether or not you report internally, continue documenting.

File a complaint with the EEOC. Retaliation is a separate violation from any accommodation denial. You can file a retaliation charge even if your accommodation was granted. You do not need a lawyer to file, though consulting one is often helpful.

Deadlines matter.

EEOC complaints generally must be filed within 180 days (300 in states with their own agencies) of the retaliatory act. If retaliation is ongoing, the clock may reset with each new incident, but don't rely on that assumption. Act sooner rather than later.

Consult an employment attorney. Many offer free initial consultations. An attorney can evaluate whether what you're experiencing is legally actionable and advise on the strongest approach. Getting informed is not the same as filing a lawsuit.

Contact external resources:

  • EEOC: eeoc.gov or 1-800-669-4000
  • Your state's civil rights or human rights commission
  • Local disability advocacy organizations
  • Legal aid societies (if cost is a concern)

  • Keep doing your job well. This is the most important thing you can do. Don't give them a legitimate reason to take action.
  • Stay professional in all communications. Assume everything you write could be read by a judge.
  • Don't discuss the situation with coworkers unless they are witnesses you trust.
  • Use personal devices for documentation. Don't store sensitive notes on company equipment or send them through company email.
  • Know that you are not powerless. You have legal protections. You have options. The fact that you're here reading this means you're already taking the right steps.

Need help documenting what's happening?

ernesty helps you keep organized records and understand your options.

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