(626) 396-9900Employees living with chronic illnesses such as Crohn’s disease, multiple sclerosis, diabetes, or undergoing cancer treatment often rely on intermittent leave or flexible scheduling to manage their health.
While California law protects their right to request reasonable accommodations, the reality many workers face is far more difficult. After disclosing a condition or requesting leave, employees are often met with negative treatment, not just from management, but also from coworkers who resent or misunderstand their needs. This toxic dynamic can escalate into disability discrimination, retaliation, and harassment, potentially giving rise to a legal claim.
Intermittent Leave Is a Legal Right, But Often a Workplace Burden
Under the California Fair Employment and Housing Act (FEHA) and the federal Family and Medical Leave Act (FMLA), eligible employees are entitled to take leave for medical needs, including in an intermittent or reduced schedule format. This is especially important for workers managing unpredictable flare-ups, frequent doctor visits, or side effects from treatment.
However, some employers view this leave as inconvenient, disruptive, or costly. Instead of supporting the employee, they may begin treating them differently by cutting their hours, excluding them from projects, or unfairly criticizing their attendance.
In other cases, employers use the leave as a reason to push the employee out entirely. These are classic signs of retaliation, and they are unlawful under both state and federal law.
When Coworker Behavior Crosses the Line
Negative treatment does not always come directly from a supervisor. In many cases, coworkers become hostile when a colleague with a chronic illness receives accommodations that others perceive as “special treatment.”
This can include:
- Gossip or rumors about the employee’s condition.
- Passive-aggressive comments about “taking time off again.”
- Resentment for perceived workload imbalances.
- Social exclusion from meetings or team activities.
- Pressure to “make up for missed time.”
This type of conduct can make the work environment intolerable. It may be considered a hostile work environment under FEHA, particularly when management is aware of the behavior and fails to take action to stop it.
Retaliation and Hostile Work Environment Often Go Hand in Hand
When an employee is both targeted by coworkers and treated unfairly by management, it creates a compounded form of harm. The law prohibits retaliation for asserting your rights under disability and leave laws, and it also prohibits employers from allowing disability-based harassment to flourish.
Retaliation can take many forms, including demotion, write-ups, reduced hours, denial of promotions, or termination. When retaliation is combined with a hostile atmosphere created by coworkers, it sends a message that disabled employees are not welcome—a message that violates California’s legal protections.
How Romero Law Helps Employees Facing These Challenges
At Romero Law, we represent employees who are experiencing disability discrimination and retaliation due to chronic health conditions. We understand how isolating and stressful it can be to face not only health struggles, but also workplace mistreatment. Our team is committed to holding employers accountable when they fail to honor the law or protect their workers.
If you have requested intermittent leave or accommodations and have faced backlash from your employer or coworkers, call 626-396-9900 or contact us online for a confidential consultation. You do not have to face this alone, and you should not have to choose between your health and your job.
(626) 396-9900