If an employee feels as though they have experienced workplace disability discrimination, they have the right to file a lawsuit against their employer and collect monetary damages.
In order to win a disability discrimination lawsuit in California, an employee must file a lawsuit either through the DFEH or independently, establish a strong prima facie case, and have favorable precious court rulings.
Filing a Disability Discrimination Lawsuit in California
The employee has two options for filing a disability discrimination lawsuit in California. They can undergo an investigation and lawsuit with the Department for Fair Employment and Housing (DFEH), or they can choose to file their own independent lawsuit.
The DFEH is an independent state agency that helps employees file claims of employment discrimination in California. The DFEH offers dispute resolution services to resolve disability discrimination complaints and will file its own lawsuit if there is no resolution. The DFEH will only consider disability discrimination cases up to 1 year after the last date of injury.
If an employee does not wish to go through the DFEH investigation and instead files their own lawsuit against their employer for disability discrimination, the employee must obtain a Right-To-Sue notice through the DFEH. The DFEH will not investigate a claim if an employee has filed for a Right-To-Sue notice.
Related: Workplace Disability Discrimination in California
Elements of a Winning Disability Discrimination Case
The Burden of Proof
In a lawsuit, the burden of proof falls to the plaintiff, the group bringing a lawsuit against someone else. In a disability discrimination case, the employee usually has the burden of proof. The burden of proof is a high standard of evidence that the prosecution must have to prove their argument.
With a disability discrimination case, meeting that standard of evidence requires establishing a prima facie case of discrimination. The prima facie case must demonstrate all of the following elements in order to prove disability discrimination in the workplace:
- The employee has a disability.
- The employee could perform the job with reasonable accommodation.
- The employer failed to provide reasonable accommodation for the employee’s disability.
If the employee can make a strong prima facie case, they have a good disability discrimination case.
Related: How to Prove Disability Discrimination in California
Previous Court Rulings
Existing decisions of state agencies are highly influential for courts to decide how to interpret the law and what decision to hand down. In California, the State Supreme Court has previously suggested that the decisions of administrative agencies have “great weight,” and thus California courts will likely defer to the decisions of administrative agencies.
In California, that administrative agency is the Department of Fair Employment and Housing. Having the DFEH align with an employee’s lawsuit gives the employee a good chance of winning a disability discrimination case in California.
FAQs
How can I win a disability discrimination lawsuit in California?
In order to win a disability discrimination lawsuit in California, an employee must file a lawsuit either independently or through the DFEH, establish a strong prima facie case, and have favorable previous court rulings.
What are resources in California to help with filing a disability discrimination complaint?
The Department of Fair Employment and Housing is the primary resource for free legal services and counseling to help employees with their disability discrimination complaints. The DFEH will help work through complaints up to 1 year after the last date of injury.
Do I need to go through the DFEH to file for disability discrimination?
No. If an employee wishes to conduct their own investigation and lawsuit, they are not required to work with the DFEH. They only need to obtain a Right-to-Sue notice from the DFEH before proceeding with their own lawsuit.
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If you or a loved one is seeking to win a disability discrimination lawsuit in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Disability Discrimination Attorneys today!