Do you want to bring a case against your current or former employer for disability discrimination? If so, here is what you need to know.
What do I have to prove to win my case?
In order to win your case, there are three elements you have to prove:
First, you have to prove that you have a disability under the Americans with Disabilities Act. You can prove that you have a disability three ways:
- By showing you have a physical impairment that substantially limits a major life activity;
- By showing that you have a record of a physical impairment; or
- By showing that you are regarded as having a physical impairment.
Second, after you show that you have a disability, you have to show that you are qualified for your position with or without reasonable accommodation.
Third, you must prove that you suffered an adverse employment action because of your disability. Common examples of adverse actions include being fired, demoted, not being selected for a promotion, not getting hired, and being subjected to a hostile work environment.
What evidence do I need to prove disability discrimination?
There are many types of evidence that you can use to prove disability discrimination. If you have a physical impairment, you will likely need your medical records. Other common examples of helpful evidence include emails, text messages, any verbal statements made, and documents that show any adverse action was taken against you because of your disability.
How do I get evidence?
The most common way to get evidence is through a process called discovery. After you initiate a lawsuit in state or federal court against the employer who you believe discriminated against you, you will be able to participate in “discovery.” During the discovery process, you can ask your employer for documents and evidence related to your claims.
How can an attorney help me prove disability discrimination?
Hiring an attorney is often advisable if you believe you have been the victim of disability discrimination in the workplace and want to file a lawsuit against your current or former employer. The Americans with Disabilities Act includes certain requirements you have to prove in order to show that you were discriminated against in the workplace. An attorney experienced in disability discrimination lawsuits can ensure that you fulfill your obligations under the Americans with Disabilities Act and try to get the evidence you need to successfully prove your case.
