5 Important Ways to Prove Disability Discrimination | Mann & Elias

Let Us Help You With Your Disability Discrimination Claim

If you're reading this, it's probably because you have an illness, disability, or simply going through a pregnancy, and you suspect that you are being discriminated against in the workplace. Understandably, this can be a very frustrating & difficult situation to find yourself in, especially if you aren't aware of how to prove your disabilities in court or to your attorney. Therefore, the following list includes five important ways to prove disability discrimination in court and begin to get your life back in order.

1. You Must First Prove Your Disability


No matter how obvious your disability might be to you and your co-workers, the reality is that you still need to show that you are truly disabled or face a certain illness. Suppose you live within the state of California, for example. In that case, an employment attorney Los Angeles will first inform you of what the term "disability" means within California state law. You might find that a large number of issues don't really qualify for what the state deems truly disabled. Some of the personal issues that won't align with that legal term include compulsive gambling and sexual behavior disorders, to name a few. Now, this does not mean you can't file a claim as there are other ways apart from the legal term that you can prove disability discrimination. For example, you may be the spouse of someone with disabilities that also works within the company. If you are being discriminated against because of your relationship, then a Los Angeles workplace lawyer would recommend taking action.

2. Document Everything in Terms of Your Discrimination


A Los Angeles disability discrimination attorney will highly recommend a client to document as much as they can. This is because it can be easy for an employer to simply say that they had no idea and that the person should have brought the issue to their attention. The disability discrimination lawyer for the workplace can use this against you in order to show that you made no effort to make things right. So, what should you be documenting? The simple answer is everything, but we want to be a little more specific here. It would be best if you always documented each time you are discriminated against. This includes what they did, what time, who it was, location, and the task. You should also make sure that you document all the times that you brought your disability up to your employer as well as their responses to it. Note that all these documents should be issued to your Los Angeles disability discrimination attorney in a timely manner in order to ensure a proper case is built for you.

3. Proving Discrimination During Application/Interview Step


In many cases, discrimination in the workplace happens before the person has even been offered the job. Unfortunately, those who have visible disabilities may often be the first to experience this discrimination. Many employment attorney for disability discrimination clients have stated that their clients will often experience discrimination during the application or interview step of the process. It should be noted then that employers are restricted from asking anyone about their past medical history within the application or during the interview. In addition, it is also illegal to ask the person to take a medical exam if they want to be considered for the job. A disability discrimination lawyer for the workplace would add to this by saying that it would be perfectly okay to ask the employer how the specific job being promoted would be handled with or without a disability.

4. Proving Lack of Proper Accommodations


According to the ADA, people with legal disabilities can request an employer to make reasonable accommodations within the workplace. Now the keyword here Is "reasonable." The reason why this word is so important is that not all requests can be made if it places unnecessary hardship on the business. This is why it is imperative to always read and understand the EEOC to find the correct criteria for requesting accommodations. In addition, your employer can also counter with their own version of accommodations that is able to meet their budget, capabilities, and your needs. Any requests that are not feasible by the business will usually not be upheld in court. So, what happens if they deny your accommodations requests all together? At the moment they deny your reasonable requests, according to the EEOC, the company will be at that instant violating the ADA and would be opened to a disabilities discrimination lawsuit.

5. Proving Harassment in the Workplace


When an employee requests certain accommodations be made for them, they will often face retaliation from their employer. This can be seen in a number of different ways, such as lowering working hours, being skipped over for a raise, or even facing harassment. A similar case was heard regarding the harassment of an employee with disabilities in 2018 during the Caldera V Dep. of Corrections & Rehabilitation. The employee was publicly mocked over a PA system, which is deemed as harassment. Now, this was a very public situation where multiple people heard the announcement. An employment attorney for disability discrimination would recommend a client to still obtain as much evidence as possible. If they can prove that harassment was made and promoted by the employer, then they will be in violation of both Title VII of the Civil Rights Act and the ADA.

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