Can an employer retaliate against an employee for requesting an accommodation for a physical disability?

California, United States of America


The following excerpt is from Rubalcaba v. Albertson's LLC, B278626, B281730 (Cal. App. 2019):

"An employee who requests an accommodation for a physical disability is engaging in a legally protected activity. It is unlawful for an employer to retaliate against an employee for so requesting, regardless of whether the request was granted." (Italics added.)

(c) Moore v. Regents: 2015 amendment held not to apply retroactively

Other Questions


How have courts treated a claim that an employer failed to reasonably accommodate an employee's disability? (California, United States of America)
Does an employer have to engage in an "interactive" process to determine a reasonable accommodation for a disabled employee? (California, United States of America)
Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
Is an employer liable for failing to accommodate an employee with a disability? (California, United States of America)
When an employer and employee are separately represented by an attorney representing the employee, what is the value of the employee's attorney's services? (California, United States of America)
Can an employer discharge an employee with a disability even with reasonable accommodation? (California, United States of America)
Can an employer retaliate against an employee if the employee's reasonable belief turns out to be incorrect? (California, United States of America)
Can an employer be held liable for failing to accommodate an employee with a disability? (California, United States of America)
If an employer has a written policy that specifically prohibits retaliation against employees who testify at unemployment hearings, can the employer avoid punitive damages? (California, United States of America)
Is an employer entitled to a cost of action against an employee who sued for retaliation against the employer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.