Which scenario would illustrate retaliation under the ADA?

Which scenario would illustrate retaliation under the ADA?

• A. An employer increases pay for a disabled employee
• B. A manager approves an accommodation
• C. An employer disciplines an employee for taking leave protected by the ADA
• D. An employee requests a reasonable accommodation

Answer: (C)

Retaliation under the ADA means punishing someone for exercising rights protected by the law, such as requesting a reasonable accommodation or taking leave that is protected. Disciplining an employee for taking leave that is protected by the ADA fits this clearly because the punishment is tied directly to the employee’s exercise of a protected right. That punitive action signals a penalty for asserting protections, which the ADA prohibits. The other scenarios involve actions that are supportive or neutral with respect to rights: increasing pay for a disabled employee or approving an accommodation are positive accommodations, not punishments. Simply requesting a reasonable accommodation is a protected activity, but it isn’t retaliation by itself unless paired with adverse treatment.

Retaliation under the ADA means punishing someone for exercising rights protected by the law, such as requesting a reasonable accommodation or taking leave that is protected. Disciplining an employee for taking leave that is protected by the ADA fits this clearly because the punishment is tied directly to the employee’s exercise of a protected right. That punitive action signals a penalty for asserting protections, which the ADA prohibits.

The other scenarios involve actions that are supportive or neutral with respect to rights: increasing pay for a disabled employee or approving an accommodation are positive accommodations, not punishments. Simply requesting a reasonable accommodation is a protected activity, but it isn’t retaliation by itself unless paired with adverse treatment.