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How to Prove Disability Discrimination in the Workplace

Disability discrimination is a tough situation. Many who experience discrimination in the workplace or elsewhere are often told they’re at fault, or that other factors were responsible for the employer’s actions. 

This is often a cop out. If you think you may have experienced disability discrimination, it’s best to talk with a Los Angeles attorney about how to prove it in court and hold your employer accountable. Here’s some information to help you get started.

What Does Disability Discrimination Look Like?

Discrimination against the disabled can take many forms. It can be direct discrimination like when an employer makes a hiring decision or a firing decision based on your disability. The disability can be physical or mental, and it doesn’t even have to exist. If your employer acts based on a perceived disability, that’s enough to count as disability discrimination.

It can also be indirect like when an employer’s actions make it harder for you to do your job. If your Los Angeles employer knows about your disability, they have to make reasonable accommodations. This might mean letting you sit instead of stand or take extra breaks, or it might mean making sure your workspace is accessible.

Harassment because of your disability is also a form of discrimination. You should never be harassed in the workplace. And if you are, you have the right to take a stand.

What Your Attorney Needs to Prove to Win Your Case

To establish a disability discrimination case under the Americans With Disabilities Act (ADA), your lawyer must prove three things:

  1. That you had a disability that your employer knew about (or that your employer thought you had a disability)
  2. That you were otherwise qualified to do your job, whether or not you received a reasonable accommodation
  3. You were subjected to a negative job-based action  

Collecting Evidence of Disability Discrimination

Evidence of discrimination can be a challenging part of any disability discrimination case. If your employer has told you they took actions against you based on your disability, that’s evidence of discrimination. Keep those emails or IM chat logs as evidence. Witnesses who overheard the conversation may also be able to testify for you.

In some cases, you may have to prove that you were doing a great job and that the employer acted based solely on your disability. You and your attorney may be able to provide good annual reviews, positive feedback from managers, or testimony from your coworkers as evidence of your ability to do your job.

If You’ve Been Discriminated Against, Contact a Los Angeles Attorney

If you’ve been discriminated against because of a physical or mental disability, it’s best to talk with an experienced Los Angeles employment attorney about your case. To learn more, contact our law firm for a free and confidential consultation with one of our experienced attorneys.