October 18, 2024
How to Prove Disability Discrimination in California
Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer
The process of how to prove disability discrimination in California, requires that your employer mistreated you because of your physical or mental impairment. This could involve adverse actions such as demotion, termination, or the refusal to offer reasonable accommodations. It also encompasses harassment or a hostile work environment due to the circumstances.
At Pointer and Buelna, LLP—Lawyers for the People, we support individuals in California and across the state in fighting these injustices. If you’re seeking to prove disability discrimination, our experienced legal team is here to guide you through the process and advocate for your rights. Contact us for a free consultation.
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Understanding Disability Discrimination
It occurs when an employer treats an individual unfavorably because of their limitations. Under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), this includes refusing reasonable accommodations or subjecting employees to intimidation. Business owners must comply with the law unless accommodations cause undue hardship.
Key Elements to Prove Disability Discrimination
To establish a claim for unfair treatment due to your condition, you must demonstrate these four elements according to the Equal Employment Opportunity Commission:
- Qualifying limitation: A physical or mental impairment significantly limiting major life activities under the ADA.
- Job qualification: You could perform essential work duties with or without reasonable accommodations.
- Adverse action: You experienced negative employment actions (e.g., termination, demotion)
- Pretext: The employer’s reason for the adverse action was merely an excuse for discriminatory motives.
These elements are crucial for building a solid case for your request. Thoroughly addressing these components enhances your chances of achieving a favorable outcome.
Gathering Evidence to Support Your Case
Substantial evidence is essential in establishing a case of discrimination:
- Direct evidence: This includes statements or documents that clearly show bias or discriminatory intent.
- Circumstantial evidence: Patterns of unfair treatment over time can suggest unequal practices, even if direct evidence is lacking.
- Witness testimony: Colleagues who witnessed the situation can support your claims, lending credibility to your case.
Gathering a combination of these types of proof can significantly strengthen your position and improve your likelihood of a positive result.
How to Document Everything Effectively
Keep thorough records of all relevant interactions and communications. Start by maintaining medical records that confirm your impairment and detailed notes on any accommodation requests and your employer’s responses. Emails, memos, and personal logs tracking prejudicial actions or comments are critical. Document each instance of retaliation or harassment with dates and descriptions to create a comprehensive timeline. They are vital to demonstrating a connection between the adverse treatment and your impairment.
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Steps to Take After Experiencing Disability Discrimination
If you suspect you’ve been subjected to unequal treatment, follow these steps:
- Report the issue to your HR department to create an internal record of the complaint.
- Document everything, including medical records, emails, and other pertinent communication.
- File a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). The state allows up to three years to file a complaint (EEOC Fact Sheet).
- Seek legal advice to evaluate your case and receive guidance through the legal process.
Common Misconceptions About Disability Discrimination
One frequent misconception is that only permanent handicaps are protected under the law. Nevertheless, both temporary and permanent ones qualify for protection if they limit major life activities. Another misbelief is that mental conditions are not covered, but both FEHA and ADA include mental impairments such as depression or anxiety.
Contact a Civil Rights Attorney in California for a Free Consultation
At Pointer and Buelna, LLP – Lawyers For The People, we specialize in helping victims of disability discrimination fight for their rights. Our experienced attorneys work diligently to ensure that your employer is held accountable and you receive the compensation and justice you deserve.
Call us at (510) 929-5400 or schedule a free consultation here.
Adanté Pointer
Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.
Years of Experience: 16+ years
