Learn what you will need to prove in a disability discrimination case.
In recent years, much progress has been made towards equality. Yet in many respects, our society still has a long way to go — particularly when it comes to disability discrimination. Many people with disabilities are treated unequally or unfairly, and that often includes in the workplace. Often times, the discrimination that people with disabilities face is subtle and less outrageous than what they may have experienced in the past. Nevertheless, it is very real — and may result in extreme consequences, including wrongful termination.
Most employees in California, Arizona and other states are at-will employees, which means that they can be terminated at any time and for any reason, as long as those reasons are not illegal. Discrimination on the basis of a protected characteristic, such as a disability, is an illegal reason for termination.
As an initial matter, it is important to note that in order to win, you must have a qualifying disability. That means that you must have a physical or mental injury, disease or ailment that substantially limits your life and/or your ability to earn a living. You must also be able to do your job; if it is impossible to do your job, then that may be a consideration in your termination. However, your employer must consider reasonable accommodations that would allow you to continue working. If your employer refuses to do so, then it may be a violation of the law. Finally, there has to be a wrongful termination — that is, a termination that was related to your disability, and not something such as poor job performance.
Unfortunately, few employers, managers or supervisors will actually admit that they fired someone because he or she has a disability. Most people are savvy enough to know that they cannot actually say that they are refusing to hire or promote someone because of their disability, or that they are demoting them or terminating their employment due to their disability. For this reason, most discrimination and wrongful termination cases rely on what is known as circumstantial evidence. The more circumstantial evidence of discrimination exists, the stronger a case is and the greater the chances are that an employee will prevail in the case.
Circumstantial evidence can come in many forms. For example, if other employees engage in similar behavior but were not treated similarly, that could be evidence that you were singled out due to your disability. It could also be shown through demonstrating that an employer’s stated reason for doing something is false. For example, if your employer terminates you, and states that your position is no longer needed, but then he or she later hires someone to fill your position, that could be evidence of discrimination. If an employer fails to offer reasonable accommodations that would enable you to do your job, that could also be evidence that you have been discriminated against on the basis of your disability.
Disability discrimination cases can be complex, and require the assistance of an attorney who is skilled in handling this type of case. At PLBH, our disability discrimination attorneys understand the law, and how to apply it to your case. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a free initial consultation. We will fight aggressively for your best interests, and will work collaboratively with you to help build the strongest possible claim.