If an employee feels as though they have experienced workplace disability discrimination, they have the right to file a lawsuit against their employer and pursue monetary damages. Here’s how to prove disability discrimination in California.
In order to prove disability discrimination in California, an employee must establish a prima facie case of discrimination on the basis of an employee’s disability.
What to Know About Proving Disability Discrimination
The California Fair Employment and Housing Act, or FEHA, protects employees against discrimination on the basis of physical disability, mental disability, medical condition, or genetic condition. Disability is considered a protected class under FEHA, making it illegal for employers to discriminate against employees on the basis of disability.
If an employee wishes to take legal action against their employer for disability discrimination, the employee may work with the California Department of Fair Employment and Housing, or DFEH, to pursue legal remedies.
Related: How to Win a Disability Discrimination Lawsuit in California
1. Establish a Prima Facie Case of Disability Discrimination
In order to prove disability discrimination has taken place at work, the employee must put together a preliminary “prima facie” case that shows the 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.
The prima facie case must meet all of the above requirements in order to prove disability discrimination in the workplace. With all the elements present, it shows that an employer failed to accommodate their disabled employee, as mandated by the law. Altogether, the elements may prove that an employee has been treated unfairly in the workplace due to their disability.
The employee should gather as much information and documentation as possible in order to create a strong prima facie case. The evidence should clearly document the elements of the prima facie case, as well as additional evidence relevant to disability discrimination.
2. Next Steps
The employee may wish to work within the company to raise the issue of disability discrimination to Human Resources, which is dictated by company policy.
If the employee wishes to pursue legal action against the employer for workplace disability discrimination, they have two options to do so. The employee may work with the California Department of Fair Employment and Housing, or DFEH, to file a complaint and undergo an investigation. Or, the employee may wish to conduct their own private legal proceedings without involving the DFEH.
Related: Workplace Disability Discrimination in California
FAQs
Am I protected from disability discrimination in the workplace?
Yes. California and federal law prohibits discrimination by an employer against an employee on the basis of disability. This includes physical disability, mental disability, medical condition, or genetic condition. Employers may not treat their employees unfairly as a result of their disability.
How can I prove workplace disability discrimination?
To prove workplace disability discrimination, the employer must make a prima facie case. This shows that an employer failed to accommodate their disabled employee, as mandated by the law.
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If you or a loved one needs to prove disability discrimination, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal matter. Get your free consultation with one of our Disability Discrimination Attorneys in California today!