Employment Disability Rights
Retaliation, Demotion & Termination
Adverse treatment after requesting an accommodation, opposing disability discrimination, or participating in an EEOC process.
Last reviewed: September 25, 2026
Federal and state laws may prohibit retaliation for protected activity. A demotion, discipline, revoked accommodation, forced leave, termination, or other material action can warrant review, but close timing alone does not prove an unlawful motive.
Protected Activity
Protected activity can include requesting a disability accommodation, opposing conduct reasonably believed to be discriminatory, filing a charge, or participating in an investigation. The request or complaint and who knew about it are important facts.
What Happened Next
Preserve changes in assignments, schedule, reviews, discipline, pay, access, accommodations, and employment status. Compare the employer’s explanation with earlier records and treatment of similar situations.
Demoted Instead of Accommodated
An employer may choose among effective accommodations, but a pay cut or loss of status presented as the only response to a request may deserve scrutiny. Document the requested option, alternatives, cost, title, pay, and actual duties.
Forced Leave or Forced Resignation
Placing a worker on leave rather than considering an effective on-the-job accommodation can raise concerns. A constructive-discharge claim has a demanding legal standard; feeling compelled to resign is not automatically enough.
Deadlines and Evidence
Employment deadlines can be short and differ by forum. Preserve the full chronology, charge documents, notices, witness names, performance history, and the original files associated with each event.
Frequently Asked Questions
Does being fired after my request prove retaliation?
No. Timing can support an inference, but decision-maker knowledge, stated reasons, performance history, comparison evidence, and other facts also matter.
Can I be put on leave instead of accommodated at work?
Leave may be effective in some circumstances, but forcing leave when another effective accommodation would allow continued work may require review.
What should I save after discipline or termination?
Save requests, responses, job descriptions, performance reviews, disciplinary notices, termination documents, witness information, schedules, and a dated chronology.
Questions About Disability Discrimination at Work?
Contacting the firm does not create an attorney-client relationship. Please do not send confidential information until representation is confirmed.