How to Prove Disability Discrimination in the Workplace

January 7, 2025

Disability discrimination in the workplace is not only unethical but also illegal under California and federal law. Employers are required to provide equal opportunities and reasonable accommodations to employees with disabilities. However, proving disability discrimination can often be challenging, as it may manifest in subtle or indirect ways. At Abramson Labor Group, we are committed to helping employees understand their rights and fight for fair treatment.

This guide will walk you through what constitutes disability discrimination, how to gather evidence, and the steps to take if you believe you’ve been a victim.

What Is Disability Discrimination?

Disability discrimination occurs when an employer treats an employee or job applicant unfairly due to a physical or mental disability. This includes failing to provide reasonable accommodations or subjecting an employee to adverse actions, such as termination or demotion, because of their disability.

Under California law, the Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA) prohibit discrimination against individuals with disabilities. Under California Government Code section 12940, it is unlawful for an employer to discriminate against a worker because of a physical or mental disability.

Examples of Disability Discrimination

Disability discrimination can take many forms, including:

• Failure to Accommodate: Refusing to make reasonable adjustments to allow an employee to perform their job duties, such as providing ergonomic equipment or modifying work schedules.
• Harassment: Subjecting an employee to offensive remarks or behavior related to their disability.
• Unequal Treatment: Denying promotions, benefits, or opportunities due to a disability.
• Retaliation: Punishing an employee for requesting accommodations or filing a discrimination complaint.

Steps to Prove Disability Discrimination

Proving disability discrimination requires careful documentation and a clear understanding of your legal rights. Here are the key steps:

1. Establish That You Have a Qualifying Disability

To claim disability discrimination, you must show that you have a qualifying disability under FEHA or ADA guidelines. A qualifying disability includes physical or mental impairments that substantially limit one or more major life activities, such as:

• Chronic illnesses (e.g., diabetes, cancer).
• Mental health conditions (e.g., depression, anxiety).
• Physical disabilities (e.g., mobility impairments, vision or hearing loss).

Your medical condition does not need to be permanent, but it must affect your ability to perform essential job functions.

2. Demonstrate That You Are Qualified for the Job

You must prove that you are qualified to perform the essential functions of your job, with or without reasonable accommodations. Essential functions are the core duties of the position, as outlined in your job description.

3. Show Evidence of Discriminatory Actions

To prove discrimination, you’ll need to provide evidence that your employer treated you unfairly because of your disability. Examples of evidence include:

• Direct Evidence: Statements or actions from your employer that explicitly show bias, such as saying, “We don’t hire people with disabilities.”
• Circumstantial Evidence: Patterns of behavior that suggest discrimination, such as consistently denying accommodations or promoting less qualified employees.

4. Document Requests for Accommodations

Keep detailed records of any requests for accommodations, including:

• The date of your request.
• The type of accommodation you requested.
• Your employer’s response.

Employers are legally obligated to engage in an interactive process to determine reasonable accommodations. If your employer refuses to engage in this process, it can serve as evidence of discrimination.

5. Gather Witness Testimony

If coworkers or supervisors witnessed discriminatory actions, ask them to provide written statements. Their testimony can help support your claim.

6. Track Adverse Employment Actions

Adverse actions, such as termination, demotion, or pay cuts, must be linked to your disability. For example:

• Were you fired shortly after requesting accommodations?
• Were you given negative performance reviews without valid justification?

Timing and patterns can be critical in establishing a connection between your disability and the adverse action. If you were let go under these circumstances, our article on being fired for medical reasons explains the legal limits on at-will termination.

7. Consult an Employment Attorney

Disability discrimination cases can be legally complex. At Abramson Labor Group, our California disability discrimination attorneys can help you navigate the process, gather evidence, and represent you. Contact us for a free, confidential consultation.