Retaliation And Accommodation Rights

Summary

Employers in California must provide reasonable accommodations for documented disabilities. Retaliation for requesting accommodations or filing a complaint is illegal. If HR fails to address retaliation, consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or consulting a labor attorney. Document all incidents and responses from HR. Submit your doctors documentation to HR to solidify your request for accommodations.

Full Conversation

does my boss have to know that I have filed a complaint against them for harassment to HR
Hi Joty! Generally, HR departments aim to keep the complaint process confidential. However, your boss may become aware of the complaint during the investigation process. HR should handle it professionally and protect you against retaliation.
Is there anything else you would like to know about the complaint process or your rights?
in California what if HR did not stop retaliation from my boss when I filed a complaint and asked for reasonable accomedations
If HR did not stop the retaliation from your boss after you filed a complaint, you have several options in California:
- File a complaint with the California Department of Fair Employment and Housing (DFEH).
- Consider contacting a labor attorney to discuss a potential retaliation claim.
- Document all incidents of retaliation and any responses from HR.
Do you have any specific events or evidence of retaliation that you would like to discuss?
I'm a teacher in California I sent HR a letter requesting accommodations mental health issues. I have anxiety, adhd, depression. one of my requests being communication support. My principal interaction creates a hostile environment & caused anxiety. which I told HR. HR is also operations manager & works closely with the principal the next day I was told to take a mandatory job assessment without any advance notice of test or content. The test would go over the time I was supposed to be teaching. I walked out due to anxiety & confusion about unexpected nature of test. HR said the assessment was mandatory. HR said I could take the test on Friday, but the principal later stated that I could not so I agreed to take the test that day. After * minutes to regroup, I returned, HR say link no longer worked & principal told me to go home for two days without pay because I didn't take the test when she asked I was told my accommodations would kick in after I get it verified with my doctor
It sounds like you could potentially have a strong case for retaliation and failure to accommodate under California law. Here are some key points:
- Your employer is required to provide reasonable accommodations for documented disabilities.
- Retaliation for requesting accommodations or filing a complaint is illegal.
- You might consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or consulting a labor attorney.
Do you have documentation from your doctor regarding your mental health conditions?
he is writing it today
It's crucial to obtain and submit the documentation from your doctor as soon as possible. This will solidify your request for reasonable accommodations. Once you have the documentation, you can proceed with filing a complaint with the California Department of Fair Employment and Housing (DFEH). This can help protect your rights and address the retaliation you’ve faced.
Is there anything else you'd like to know about the process?
I have the doctors documents
With your doctor's documents, you should:
- Submit the documentation to HR to solidify your request for accommodations.
- File a complaint with the California Department of Fair Employment and Housing (DFEH) for retaliation and failure to accommodate.
Would you like guidance on how to file a complaint with the DFEH?