From Remote Work to Retaliation: How to Fight for Your Workplace Rights
Question by: CaliAnonymous
Hi everyone,
I’m employed at a major organization in the Golden State. Last year I undisclosed my diagnoses of ADHD with my manager as I was having issues concentrating in my cubicle in the busy office and they okayed a flexible remote setup as a reasonable accommodation. But after I voiced issues about recent shifts in my job responsibilities and how I was being given more work than others working in the office, I was initially discouraged from looping in HR and thought they were going to make things fair. However, after months of them ignoring me, I ended up reaching out to HR s to flag what felt like pushback and isolation tied to my disclosure.
Shortly after speaking to HR, I got hit with a “room for growth” evaluation that listed some of the exact points from those HR chats. My remote accommodation was revoked, and I was relocated from a quiet workspace to a spot right in a busy corridor by the busy copy and print area, which has really ramped up distractions. HR chalked it up to performance issues, in an attempt to justify ending my remote work accommodation, due to a subpar performance review. This all happened within a few weeks of me contacting HR and seems more like retaliation since I never had a negative performance review before and I dont have any discipline on file.
I asked HR if there was an investigation into my concerns and they told me it was “unfounded”, yet the same issues persist (less teamwork, tighter oversight, and now an exposed workstation that does not align with my ADA). I’ve kept records of emails with HR, session summaries, and a chronology of events.
Couple questions:
- Is it wise to ask for my HR records prior to reaching out to a lawyer?
- How should I keep tracking ongoing incidents effectively?
- Looking at it from an HR angle, are there any remaining in-house options before contacting a lawyer?
HR Exposed Answer
Employers love to hide behind “policy.”
Accommodations should only be rescinded if there’s a change in circumstances which create an undue hardship for the company. (For example, if your new duties include facilitating group workshops and responding to immediate client feedback during events that cannot be done remotely.) It should be rescinded because of a simple policy or something on a performance review, unless poor performance is directly linked to the accommodation’s ineffectiveness. If the review was legitimate and the return to the office followed policy, it may stand, but remember, the ADA is an interactive process.
The ADA treats the obligation to provide reasonable accommodations as ongoing, meaning employees can request modifications, alternatives, or new accommodations at any time if circumstances change or an existing setup becomes ineffective. Employers must engage in an “interactive process” to identify effective accommodations whenever a request is made. FEHA (since you are in California) mirrors the ADA’s interactive process and ongoing duty, allowing re-requests if needs change (e.g., due to desk relocation affecting sensory or focus issues).
What You Can Do:
- Yes, request a copy of your full personnel file (via email to HR) and review it for accuracy. If something is missing, write a written request to see it. Your file probably wont include all the details of the investigation as the company is not required to provide employees with detailed information about an internal HR investigation, however, it should provide the outcome.
Refusal to share any reasoning for the outcome could support a retaliation claim and may be relevant for CRD/EEOC complaints or legal action so document it! Your personnel file should also include personnel records directly related to you, such as the performance review or documentation of your accommodation requests. - Continue to maintain a clear, factual, chronological log in a dedicated journal. Record the date, time, location, specific details of each incident, involved parties, witnesses, and anything else that impacts on your work. Are you observing others being treated differently? Document it! It is a lot of work but its better to be safe than sorry.
Save all related communications (emails, notes, messages), backing them up securely (screenshots). This step is important because if you only save them on your work computer, if you are let go for “performance” concerns, you will no longer have access to them. So take pictures with your phone if you can or print them (one good thing about sitting close to the printer). - Given the timing of your negative review and desk move after your HR complaint, any lack of transparency about the investigation could bolster a retaliation or failure-to-accommodate claim. Check your employee handbook for appeal or review processes to go over your performance review.
Request a follow-up meeting with HR or a higher-level manager to clarify the outcome and propose solutions, like reinstating accommodations or addressing ongoing issues, which may reopen dialogue. Some companies have an ethics hotline you can contact. Continue the interactive ADA process, dont let them set you up for failure.
Last But Certainly Not Least
If these steps are ignored and you feel that you have exhausted all your internal options, external options include filing a complaint with California’s Civil Rights Department (CRD) and federal EEOC.
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While HR Exposed supports employees, not employers, remember this is for informational purposes only. Consult an attorney for specific guidance.
