EmploymentQuestion 1095 of 1632

Under FEHA, an employer may NOT retaliate against an employee simply for:

a.Refusing to do any of the assigned work
b.Damaging the company's tools on the job
c.Requesting a reasonable accommodation
d.Repeatedly arriving late without excuse

Explanation

Government Code §12940(m)(2) makes it an independent unlawful practice to retaliate or otherwise discriminate against a person for requesting an accommodation for a disability or religious creed, whether or not the request was granted - so the employer that denies the request lawfully and then cools toward the employee has still violated the section. (a) is the near miss: refusing an assignment the employee cannot safely perform because of a disability is bound up with the accommodation request and may well be protected, while a flat refusal to work is not. (b) and (d) are ordinary misconduct and lateness, which remain lawful grounds. §12940(h) separately protects opposing discrimination or filing a complaint.

Law Reference: Government Code §12940(m)(2), (h)

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