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Employment Law, Employment Discrimination and Gov & Administrative Law for Hawaii
Q: Could denying an RA request be considered a form of retaliation for filing an EEO complaint?
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James L. Arrasmith
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A:
Yes, denying a reasonable accommodation (RA) request after you've filed an Equal Employment Opportunity (EEO) complaint could potentially be seen as retaliation, especially if the request is tied to your ability to perform your job. Under the law, employers are prohibited from retaliating against employees who file complaints regarding discrimination or request accommodations due to a disability. If the timing of the denial closely follows your EEO complaint, it may raise concerns that the accommodation was denied as a form of retaliation for asserting your rights.
To help demonstrate that this is retaliation, it’s important to document the request you made, the reasons for the denial, and any relevant communications with your employer. If the accommodation is reasonable and necessary for you to continue working, and there is no valid reason for the denial, this could further support your claim.
If you believe the denial is retaliatory, you may want to file a retaliation claim with the Equal Employment Opportunity Commission (EEOC). The EEOC can investigate whether the denial of the accommodation is connected to your complaint and if retaliation has occurred. It’s important to act promptly and keep detailed records of all related communications and actions.
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