Retaliation for Taking a Medical Leave and Requesting a Reasonable Accommodation

Introduction

At Nassiri Law, led by attorney Damian Nassiri, we are deeply committed to defending the rights of employees who have faced retaliation for taking medical leave or requesting a reasonable accommodation. Under California law, employers are prohibited from such retaliatory actions, and we’re here to ensure your rights are upheld. Our FMLA lawyers are here to help if your employer has violated your FMLA rights.

Retaliation for Medical Leave and Reasonable Accommodation

Under the Fair Employment and Housing Act (FEHA), California employers are barred from retaliating against an employee for taking a medical leave or requesting a reasonable accommodation. This protection is outlined in Cal. Government Code § 12940, which specifically prohibits retaliation or discrimination based on an employee’s disabilities.

Understanding Protected Activities

Protected activities under the FEHA include taking a medical leave or requesting a reasonable accommodation due to a disability. These activities are considered “protected” because they are rights granted to employees under the law. Employers who retaliate against employees for exercising these rights are violating the law and can be held accountable.

Adverse Employment Actions

Adverse employment actions can take many forms, including termination, demotion, reduction in pay, or other negative changes in employment conditions. These actions are considered “adverse” when they are taken in response to an employee exercising their rights under the FEHA.

Establishing a Prima Facie Case of Retaliation

To establish a prima facie case of retaliation under the FEHA, a plaintiff must show:

1. They engaged in a ‘protected activity’
2. The employer subjected the employee to an adverse employment action
3. A causal link existed between the protected activity and the employer’s action

This was outlined in the case of Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1042.

Case Example: Retaliation for Medical Leave

Consider the case of one of our clients, who took a medical leave for her disability. After exhausting her available FMLA leave, her employer discharged her without allowing her to take any further disability leave.

The causal link between our client’s protected activity (taking medical leave for her disability and requesting further leave) and the adverse action by her employer (termination) can be established by the proximity in time between the two events, as stated in Morgan v. Regents of Univ. of Calif (2000) 88 Ca1.4th 52, 69. The closeness in time between our client’s discharge and her medical leave shows that her request for further leave was a substantial motivating factor in her termination.

The Importance of Legal Representation

Retaliation cases can be complex, and it’s crucial to have experienced legal representation to navigate the intricacies of the law. At Nassiri Law, we have a deep understanding of the FEHA and FMLA, and we know how to build strong cases for our clients. We will gather evidence, interview witnesses, and use our extensive knowledge of the law to fight for your rights.

How Nassiri Law Can Help

If you believe you have been retaliated against for taking medical leave or requesting a reasonable accommodation, Nassiri Law is here to help. Our team, led by attorney Damian Nassiri, has extensive experience in employment law and a deep understanding of the protections afforded under the FEHA and FMLA. We will work tirelessly to ensure your rights are upheld and to seek justice on your behalf.

Contact Us Today

Don’t let your employer violate your rights under the FEHA or FMLA. If you believe you have been a victim of retaliation related to medical leave or a reasonable accommodation request, contact the Family Medical Leave Attorneys at Nassiri Law today at 949-375-4734 for a consultation. We’re here to listen, support, and fight for your rights.