What is retaliation? Retaliation is different from discrimination because it is based not on the protected class of the employee, but on some action that the employer did not like. It might have been as simple as an employee complaining about not being paid overtime. It could be about not being given accommodations for a physical disability. It could be retaliation for having taken FMLA leave because of a physical disability or to care for a family member. When an employer takes an adverse action against an employee that follows closely after some form of protected activity, it is considered retaliation for engaging in the protected activity.
How Do Companies Avoid Consequences When Firing An Employee?
Employers often come up with a supposedly legitimate reason for firing the employee, usually poor performance or obscure policy violations. This is called the pretext for discrimination, and it is what you need to prove in order to win your discrimination case.
Can I Lose My Job For Requesting Breaks, Leave, Or Other Changes To A Work Situation Because Of My Medical Condition Or Religious Beliefs?
You should not be subjected to any type of adverse employment action because of medical conditions or religious beliefs, as long as you work for an employer with five or more employees which is not a religious organization, and you make the employer aware of any accommodations you need.
Religious organizations are allowed to discriminate and choose only employees that match their religious beliefs, but they cannot discriminate against someone because of a physical disability.
For more information on Workplace Retaliation And Your Rights, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 630-1500 today.