Retaliation After Requesting a Workplace Accommodation in Tennessee
The Americans with Disabilities Act (ADA) grants important protections to disabled workers, including the right to request reasonable workplace accommodations. Under the law, employers cannot punish workers for exercising those rights. When an employer responds to a reasonable accommodation request with discipline, demotion, termination, or another adverse action because the employee requested an accommodation, the employee may have grounds for an ADA retaliation claim.
What Is ADA Retaliation After Requesting an Accommodation?
When an employer takes adverse action against an employee because the employee exercised their rights under the Americans with Disabilities Act, the employer’s action may constitute ADA retaliation. Requesting a reasonable accommodation is a protected activity, even if the employer ultimately determines that it can’t provide the requested accommodation.
What Is a Reasonable Accommodation?
A reasonable accommodation is a change to the workplace or how a job is performed that allows a qualified employee with a disability to perform their essential job duties. Under the ADA, employers must provide reasonable accommodations unless doing so would create an undue hardship for the business. Depending on the employee’s needs and the nature of their job, reasonable accommodations might include:
- Modifying work schedules or break times
- Providing assistive equipment or technology
- Making workplace facilities more accessible
- Allowing remote work when appropriate
- Reassigning certain nonessential duties when appropriate
- Transferring the employee to a vacant position
What Are Signs of Employer Retaliation After an Accommodation Request?
Retaliation can take many forms, and it may not always happen immediately after an employee requests an accommodation. Possible warning signs include:
- A sudden demotion or reduction in responsibilities
- Unexplained negative performance reviews
- Increased scrutiny or disciplinary action
- Reduced hours or undesirable schedule changes
- Exclusion from meetings, projects, or opportunities
- Denial of promotions or raises
- Transfer to a less desirable position
- Harassment or hostile treatment from supervisors
- Termination shortly after making the request
The timing and circumstances surrounding these actions can help determine whether they may be retaliatory.
Tennessee Case Study: Edwards v. Shelby County, Tennessee
A recent Sixth Circuit decision involving a Tennessee employee illustrates how those ADA protections can apply when an employer takes adverse action soon after an accommodation request. In Edwards v. Shelby County, Tennessee, No. 24-5730 (6th Cir. 2025), a Shelby County Health Department employee alleged that she was retaliated against after requesting an accommodation related to her night blindness. A jury found in her favor on her ADA retaliation claim after determining that Shelby County terminated her just days after she requested an accommodation. The Sixth Circuit affirmed the judgment, recognizing that a request for a reasonable accommodation can constitute protected activity under the ADA.
What Should You Do If You Experience ADA Retaliation?
If you believe your employer retaliated against you, it’s important to take steps to protect yourself. Start by documenting what happened and preserving any emails, messages, performance reviews, accommodation requests, or other relevant records. Consider reporting the conduct through appropriate workplace channels, and speak with an employment law attorney before making any major decisions. An experienced attorney can evaluate your situation and determine whether you may have grounds for an ADA failure-to-accommodate or retaliation claim, or another employment-related claim.
Speak With a Nashville ADA Retaliation Lawyer
Asking for reasonable accommodations at work shouldn’t result in adverse actions from your employer. If you believe you’ve experienced ADA retaliation in Nashville, the legal team at the Employment and Commerce Law Group can help you understand your legal rights and options.
With nearly 40 years of combined experience, our Tennessee employment lawyers handle claims involving workplace retaliation, ADA violations, workplace discrimination, wrongful termination, and related matters.
We’re committed to standing up for the “little guy.” With millions recovered for past clients, we don’t let large employers and corporations get away with unfair treatment. Our track record includes successful lawsuits against Fortune 500 companies, restaurants, insurers, government agencies, and others. (Note that past results do not guarantee future outcomes. Each case is different.)
Here’s what past clients have said about their experience with our firm.
“Jonathan and his team did a thorough, outstanding job in keeping me informed and up-to-date every step of the way in handling my case. I felt like he listened to my questions and concerns and answered them promptly and professionally.” ‒ Karen
“If ever in need of a great attorney. I highly recommend Brandon Hall. His work ethic alone sets him apart from most attorneys.” ‒ Malcolm
Ready to learn your legal options? Contact the Employment and Commerce Law Group today for a free consultation.
