Proving Disability Discrimination

If you’re experiencing discrimination in the workplace due to your disability, you may be able to recover damages for what you’ve been through. While the discrimination may seem obvious to you, proving disability discrimination in the eyes of the law is not so simple. Below, our experienced workplace discrimination attorneys from Kent Pincin Law discuss what you need to know about building a case for disability discrimination. 

Laws That Employers Must Adhere To

The Americans with Disabilities Act requires employers to provide employees with reasonable accommodations for their disabilities. For example, if you have diabetes, you may request to receive more frequent, shorter breaks for checking your insulin levels that still add up to the total break time that other employees receive. If your employer denies this request or treats you unfairly for it, you may have a discrimination case.

Employers also must not treat disabled individuals differently or unfairly because of their condition. 

Types of Disability Discrimination

Disability discrimination can come in numerous forms in the workplace, so you must understand the different ways it may occur in order to prove your case. Here are a few common forms of disability discrimination:

• Unfair hiring practices: When a hiring manager intentionally refuses to hire you solely based on your disability
• Wrongful termination: When an employer chooses to fire you because of your disability or your accommodation requirements 
• Pay discrimination: When an employer pays you an unfair or unequal amount compared to other employees solely based on your disability 
• Biased job assignments: When an employer gives you unfavorable job assignments or shifts to discriminate against you because of your disability

Requirements for Proving Disability Discrimination

Establishing disability discrimination claims requires evidence of two primary things: that you were treated differently from other applicants or employees and that this different treatment was directly due to your disability. For example, demonstrating disability discrimination could involve showing proof that you had the same or more job experience and qualifications as 10 other applicants but were refused the position once the employer learned of your disability accommodation requirements. You should also note that employers cannot legally ask you about medical conditions during the interview process, so you could potentially use this as leverage for your case. 

Evidence for disability discrimination cases should also prove that the employer’s actions were not necessary for business purposes. For example, if you were unable to perform essential job functions without reasonable accommodations for your disability, you may not be able to prove discrimination. 

Proving disability bias in the workplace can require a high burden of evidence, so you must work with an experienced attorney. 

How To Prove Disability Discrimination 

Proving disability discrimination often involves two primary steps.

Proving Your Disability

While your disability may be obvious to you or your coworkers, you still must prove it when evidencing disability discrimination cases. In the state of California, not all conditions count as disabilities. You must acquire adequate paperwork and diagnoses to prove your disability.

At the same time, you will need to prove that your employer was aware of your disability when you experienced the discrimination. For example, if you got fired and you believe it was due to your recent disability diagnosis, you must show that your employer was aware of this diagnosis upon firing you. 

Collecting Evidence To Prove Discrimination

Upon proving your disability and your employer’s knowledge of your disability, you will need to prove that the discrimination occurred. Evidence of discrimination can come in many forms, as your proof will depend on the exact scenario of your case. For example, you may be able to provide previous performance reviews proving that you met job expectations before receiving a pay cut or being fired due to your disability. 

Another common way you could prove disability discrimination is through witness statements. If any co-workers witness the discriminatory actions, you could ask them to provide statements for you. 

You may also provide comparative evidence, showing how other similar employees at your company have been treated compared to you. This form of proof can highlight how you’ve been discriminated against due to your disability. 

Regardless of the situation, your disability discrimination attorney will help you gather the right evidence for building the strongest case possible. 

Contact Kent Pincin Law To Speak With a Legal Professional About Your Discrimination Case Today

Proving disability discrimination is not always easy, but can allow you to seek compensation for things like lost wages or punitive damages. If you think you’ve experienced discrimination in the workplace because of your disability, we’re here to help. Our discrimination attorneys have the knowledge and experience to analyze your case, search for evidence, and fight for your maximum compensation.Call Kent Pincin Law today at (310) 376-0922 to speak with an experienced California-based disability discrimination attorney about your case.