Has your business just been hit with a retaliation claim by a disabled employee in California?
If so, you may be wondering how serious this is, what your legal obligations are, and what steps you must take to protect your company. Under California’s strict disability and employment retaliation laws, even an unintentional misstep can put your business at risk of fines, lawsuits, and long-term reputational damage.
At Rupal Law, we help California employers respond quickly and effectively to retaliation claims—especially those involving protected classes such as individuals with disabilities. This blog breaks down what you need to know now.
Understand the Basics of Retaliation and Disability Protections
Retaliation occurs when an employer punishes an employee for engaging in a legally protected activity—such as requesting a disability accommodation, taking medical leave under the California Family Rights Act (CFRA), or filing a discrimination or harassment complaint.
Employees with disabilities are protected under both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). These laws prohibit employers from retaliating against employees who:
- Request a reasonable accommodation
- Take protected medical leave
- Complain about disability discrimination
- Participate in an investigation related to disability-related mistreatment
If an employee claims they were demoted, fired, reassigned, or treated unfairly after any of these actions, it could form the basis of a retaliation complaint.
Don’t Dismiss the Claim — Take It Seriously
Retaliation claims in California are taken seriously by courts and government agencies like the California Civil Rights Department (CRD) and the Equal Employment Opportunity Commission (EEOC).
As a California employer, your best move is to treat any such complaint with urgency and objectivity. Even if you believe the complaint is unfounded or exaggerated, your response and documentation can make or break your legal defense.
Begin an Immediate, Impartial Investigation
If the claim is internal, launch an investigation right away. If the complaint was filed with the CRD or EEOC, you may have a limited number of days to respond with a Position Statement.
Start by:
- Interviewing the complainant and gathering written details
- Interviewing any managers or employees involved
- Reviewing relevant communications, performance reviews, and accommodation requests
- Reviewing whether your company complied with all disability accommodation obligations
Document your investigation in detail. If you conducted a good-faith, timely, and thorough review, you’re already in a stronger legal position.
Avoid Further Retaliation — Even Unintentional
One of the biggest mistakes employers make is unknowingly retaliating again after the complaint is filed. This includes:
- Isolating the employee
- Changing their work assignments without explanation
- Increasing scrutiny or criticism suddenly
- Ignoring requests for reasonable accommodations
- Failing to follow up or resolve the original complaint
Make sure managers and HR personnel know what retaliation looks like and how to avoid it. Even the perception of retaliation can escalate the situation and lead to litigation.
Respond to CRD or EEOC Requests Carefully
If the retaliation complaint was filed with the CRD or EEOC, you’ll typically be required to submit a Position Statement. This is your official legal response and should:
- Deny or address each claim clearly
- Include relevant documentation (emails, accommodation history, evaluations)
- Explain your company’s disability accommodation and anti-retaliation policies
- Demonstrate a legitimate, non-retaliatory reason for any employment action taken
Take the time to draft this carefully, or work with an experienced employment defense attorney to ensure your response is thorough and strategic.
Train Your Team and Review Disability Accommodation Procedures
Often, retaliation claims can be prevented by improving communication and training. Make sure your HR team and supervisors are trained to:
- Recognize and respond to accommodation requests appropriately
- Maintain confidentiality
- Document performance issues accurately and consistently
- Avoid knee-jerk reactions to complaints or leave requests
California employers with five or more employees are required to provide disability accommodations and training under FEHA. Use this moment to review your policies and ensure compliance.
When to Consider Settlement or Mediation
While you should never admit fault prematurely, sometimes an early resolution is the best business decision. Settlement can avoid negative publicity, expensive litigation, and prolonged internal disruption.
Mediation may also be ordered by the CRD. Go into it prepared with legal representation, clear documentation, and a firm understanding of your business priorities. The legal team at Rupal Law can guide you on which option is best for you based on your unique situation. Give us a call if you need legal guidance at (951) 460-0830.
Call Rupal Law for Employer Defense You Can Trust
If your business has been accused of retaliating against a disabled employee in California, don’t navigate this alone. Rupal Law specializes in employer defense and compliance strategy across the state.
We help employers:
- Investigate and respond to retaliation claims
- Submit legal responses to the CRD or EEOC
- Defend against wrongful termination or disability discrimination lawsuits
- Create compliant disability accommodation policies
- Prevent future claims through proactive training and policy review
Contact Rupal Law Today
Facing a retaliation claim is serious—but you don’t have to face it alone.
Call Rupal Law at (951) 460-0830 for a confidential consultation and learn how we can help protect your business, your team, and your future.
