How to Prove Disability Discrimination in California

Facing disability discrimination at work can be deeply frustrating and stressful. If you’re in these circumstances, you may feel uncertain about your rights and about what steps to take next, on top of being worried about your job security. While California law offers legal protections for employees with disabilities, proving that discrimination occurred isn’t always easy.

To win your claim, you must be able to demonstrate specific facts that connect your disability to the negative action taken by your employer. With the help of a disability discrimination lawyer in San Diego, you can learn what the law requires and what evidence can support your case, which is an important first step toward protecting your rights.

Understanding Disability Discrimination in California

Disability discrimination happens when an employer treats an employee unfairly because of an impairment. These claims are mainly governed in California by the Fair Employment and Housing Act (FEHA). This law offers broad protection for workers across the state.

Disability discrimination may involve situations such as:

• Refusing to hire a qualified applicant because of a disability
• Firing an employee after learning about a medical condition
• Denying reasonable accommodations that would allow the employee to work
• Treating an employee poorly due to their limitations
• Retaliating against an employee for requesting accommodations
• Relying on stereotypes about disabilities when making employment decisions

Note as well that California law protects both actual disabilities and perceived disabilities. This means an employer can still violate the law even if they only think you have a disability.

What You Must Prove To Win a Disability Discrimination Claim

You must prove several key elements to win a disability discrimination claim. Courts will look at the full context of your job and your employer’s actions, among other factors, as appropriate.

You Have a Protected Disability Under California Law

First, you must show that you have a qualifying disability under California law. This can include physical injuries as well as mental health conditions. 

You Were Qualified To Perform Your Job

You must also prove that you were able to perform the essential duties of your job. You do not have to be perfect at your job. Instead, you need to show that you could do the work with or without reasonable accommodations.

You Suffered an Adverse Employment Action

Next, you must show that your employer took a negative action against you. This is known as an adverse employment action. Examples include termination, demotion, pay cuts, denial of promotion, and other decisions that harm your career.

Your Disability Was a Motivating Factor

Finally, you must prove that your disability was a motivating factor behind the employer’s decision. Direct proof is rare, so this element is often shown through things like timing and inconsistent explanations from the employer.

Evidence That Can Help Prove Disability Discrimination

Compelling evidence is critical in any discrimination case. The more documentation you have, the easier it is to show that discrimination likely occurred.

Medical and Accommodation Documentation

Medical records and accommodation requests can prove that your employer knew about your disability. Written requests and the employer’s responses are important, too, since they show how your situation was handled.

Performance Records and Employment History

Your work history can help demonstrate that you were a capable employee. Positive evaluations and long-term service can undermine an employer’s claim that negative action was based only on performance.

Emails, Messages, and Other Written Communications

Various forms of written communications can reveal the employer’s true reasoning. For example, messages that reference your disability or accommodations may show bias. Subtle remarks can still serve as evidence in many circumstances.

Witness Testimony and Coworker Statements

Coworkers and supervisors may be able to confirm how you were treated. Their statements can help show that conditions changed after your employer learned about your disability, for instance, or after you requested accommodations.

Failure To Accommodate and the Interactive Process

California law requires employers to engage in an interactive process once they know about an employee’s disability. This means both sides must communicate in good faith to find reasonable accommodations that allow the employee to do their job.

If an employer refuses to discuss possible solutions, that failure alone can violate the law. Reasonable accommodations might include steps such as: 

• Schedule changes 
• Assistive equipment
• Modified job duties
• Reassignment to a vacant position

This is not an exhaustive list; many other kinds of accommodations may be appropriate in light of your unique circumstances. 

Filing a Disability Discrimination Complaint in California

If you believe you experienced disability discrimination, you usually must file a complaint with the California Civil Rights Department (CRD) before filing a lawsuit. This allows the agency to investigate and attempt to resolve the issue.

The process typically includes steps such as:

• Filing an intake form with the agency
• Explaining the discriminatory acts and your disability
• Taking part in an investigation and meditation if offered
• Receiving a right-to-sue notice after the review is complete
• Filing a lawsuit within the required legal deadline

Possible remedies in these cases can include: 

• Back pay
• Reinstatement
• Compensation for emotional distress
• Punitive damages and attorney’s fees (in some cases)

Strict deadlines apply to these cases, and they can vary depending on the exact type of claim you intend to file. For instance, state law claims with the CRD generally have a three-year time limit. Meanwhile, many federal claims, such as those filed with the Equal Employment Opportunity Commission (EEOC), have a 300-day time limit instead (possibly 180 days instead in select cases).

Contact Our Disability Discrimination Attorneys Today

Proving disability discrimination in California can be difficult, as employers often try and claim that their decisions were based on legitimate business reasons. However, persuasive evidence and a clear legal strategy can help you uncover the truth and win your case.

An experienced disability discrimination attorney with our team can review the facts of your situation and guide you through the complaint and litigation process from there. Call Fairchild Employment Law today at (619) 306-1454 or reach out online to schedule a free initial consultation. We focus exclusively on this area of the law and will prioritize your case from the start.