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Asking for Help at Work Should Not Cost You Your Job Key Takeaways: It is unlawful in California to punish a worker for requesting a disability accommodation. Cal. Gov’t Code § 12940(m)(2) makes retaliation for an accommodation request a standalone FEHA violation, regardless of whether the request was granted. Employers owe two duties: providing reasonable accommodation absent undue hardship under § 12940(m)(1), and engaging in a timely, good faith interactive process under § 12940(n). Punishment isn’t limited to termination, it

Why Timing Matters More Than Ever in California Retaliation Cases Key Takeaways: California’s SB 497, effective January 1, 2024, created a rebuttable presumption of retaliation when an employer disciplines or discharges an employee within 90 days of protected activity under Labor Code §§ 98.6, 1102.5, and 1197.5. This shifts the burden to the employer to show a legitimate, independent reason rather than requiring the employee to prove retaliatory motive from the outset. The presumption is procedural, not a guaranteed win,

The California Law That Changed How Harassment Cases Are Judged Key Takeaways: California Government Code 12923 directs courts to apply FEHA harassment standards in ways that protect employees. It confirms a single incident of harassing conduct can create a triable hostile work environment issue when that conduct unreasonably interfered with work performance or created an intimidating, hostile, or offensive environment. Enacted through Senate Bill 1300, effective January 1, 2019, it rejects requiring victims to show declining job performance to prove