Signals Your Workplace is Retaliating After You Ask for Menopause-Related Accommodations

By Jack Tuckner, Esq. Women's Rights in the Workplace Lawyer, New York

Menopause is a natural phase in a woman's life, yet discussing it openly in the workplace remains taboo for many. When menopausal symptoms become debilitating, it's reasonable to request accommodations to maintain your productivity and well-being. However, some employers may respond negatively (or ignorantly), leading to subtle or overt forms of retaliation. Recognizing these signals is crucial to protecting your rights and career.

Understanding Retaliation

Retaliation occurs when an employer takes adverse employment actions against an employee for engaging in a protected activity, such as requesting reasonable accommodations for a medical condition. Under laws like the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA), it's illegal for employers to retaliate against employees for asserting their protected workplace civil rights.

Signals Your Workplace May Be Retaliating

1. Lack of Action or Empty Promises

After you've requested accommodations for your menopausal symptoms, your employer agrees to make changes but fails to implement them. You might receive vague assurances without concrete timelines or see no real action being taken. This tactic can be a form of passive retaliation, aiming to discourage you from pursuing your request further.

What to Watch For:

• Repeated delays in responding to your request or providing accommodations
• Excuses for why accommodations can't be made
• Promises of future action that never materialize

2. Sudden Scrutiny of Your Performance

You've always been a high performer, but shortly after your request, your work is under the microscope. You might receive unwarranted criticism, negative performance reviews, or be placed on a Performance Improvement Plan (PIP) without legitimate, non-retaliatory basis.

What to Watch For:

• Negative feedback without prior issues
• Unrealistic performance expectations
• Documentation of alleged performance problems that are exaggerated or fabricated

3. Reassignment to Less Desirable Tasks or Accounts

You find yourself removed from key projects or lucrative client accounts without a valid reason. Instead, you're assigned to less appealing tasks that don't match your skills or experience, which can hinder your career advancement.

What to Watch For:

• Removal from leadership roles or committees
• Assignment to menial or unrelated tasks
• Exclusion from important meetings or communications

4. Isolation or Exclusion

Colleagues and supervisors start to distance themselves from you. You're left out of meetings, decision-making processes, or social events that you previously attended.

What to Watch For:

• Being the last to know about important updates
• Decreased communication from team members
• Feeling socially isolated at work

5. Negative Changes to Work Schedule or Conditions

Your work hours are altered in a way that disrupts your life, or you're relocated to a less favorable workspace without justification.

What to Watch For:

• Shift changes that conflict with personal commitments
• Relocation to a less comfortable or less equipped workspace
• Increased workload without additional support

What You Can Do

Document Everything

Keep detailed records of all interactions related to your accommodation request and any subsequent changes in your work environment. Emails, memos, and notes from meetings can serve as crucial evidence, so maintain a provable paper trail with your company.

Communicate Concerns in Writing

If you notice retaliatory behavior, address it with your employer in WRITING.. Express your concerns professionally and request a meeting to discuss them.

Know Your Rights

Understanding your legal protections empowers you to take appropriate action. Laws like the ADA, the ADEA, and Title VII prohibit retaliation and require employers to engage in an interactive process or cooperative dialogue to accommodate your needs.

Seek Legal Advice

Consulting with an employment attorney can help you navigate the situation effectively. Legal counsel can advise you on the best course of action and represent your interests if necessary.

Lean on Your Support Network

Share your experiences with trusted colleagues, friends, or support groups. They can provide emotional support and may offer valuable advice based on their own experiences.

Moving Forward

Experiencing retaliation can be disheartening, but remember that you have rights and resources available. By staying vigilant and proactive, you can protect yourself and continue to thrive in your career.

Jack Tuckner, Women's Rights NY

Email: info@womensrightsny.com