How to Prove Disability Discrimination in the California Workplace

Our experienced California employment law attorneys at Romero Law know workplace disability discrimination refers to unfair or unfavorable treatment of employees or job applicants based on their disability status.

It occurs when a California employer treats an individual with a disability unfavorably in any aspect of employment, including hiring, firing, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment solely because of their disability.

We also know the best way to prove you are being discriminated against because of your disability is to keep detailed records of any discriminatory actions or behaviors experienced in the workplace. This includes incidents of harassment, denial of accommodations, unequal treatment, negative comments or actions by supervisors or coworkers, and any other relevant information to establish a link between your disability and the adverse employment action.

How Can I Establish a Link Between My Disability and My California Employer’s Adverse Employment Actions?

To establish discrimination, you must demonstrate that you suffered an adverse employment action because of your disability.

Some of the most common forms of disability discrimination may include, but are not limited to:

• Refusing to provide reasonable accommodations that would enable disabled employees to perform their job duties effectively. This may include modifications to the work environment, adjustments to job duties or schedules, or providing assistive devices or services.
• Unwelcome conduct directed at an individual because of their disability, including offensive comments, jokes, or derogatory remarks about a person’s disability, as well as intimidation, threats, or other hostile behavior.
• Segregating or excluding individuals with disabilities from specific job opportunities, training programs, or other employment-related activities based on their disability status.
• Failing to provide accessible facilities, equipment, or technology that would enable them to perform their job duties on an equal basis with their colleagues. This can include inaccessible workspaces, lack of accessible restrooms or parking, or inaccessible digital platforms and communication tools.
• Refusing to hire or promote qualified individuals with disabilities solely because of their disability status. This may involve making hiring or promotion decisions based on stereotypes or assumptions about the capabilities of people with disabilities.
• Unlawfully terminating or retaliating against employees who assert their rights under disability discrimination laws, including requesting reasonable accommodations or filing complaints.
• Providing lesser benefits, lower pay, or fewer opportunities for advancement to employees with disabilities compared to their non-disabled counterparts.

If you have been discriminated against in your California workplace because of a disability, contact our skilled California disability discrimination attorneys. We can provide guidance on the strength of your case, relevant laws that are being violated, and potential legal strategies that will allow you to pursue a remedy for your claim — and keep this unlawful behavior from happening to other employees.

What Type of Evidence Do I Need to Demonstrate My Disability Was a Motivating Factor in the Adverse Employment Action?

To demonstrate that your disability was a motivating factor in an adverse employment action, like demotion, denial of promotion, or termination, California employees should gather various types of evidence to support their claims.

This may include:

• Direct statements or actions by your employer or supervisors indicating bias or discriminatory intent based on your disability. This could include derogatory comments, jokes, or remarks about your disability or explicit statements indicating that your disability played a role in the adverse action.
• Evidence that employees without disabilities were treated more favorably in similar situations. For instance, if a non-disabled employee engaged in similar behavior was not subjected to the same adverse action, it may indicate disparate treatment based on disability.
• Records of timing and circumstances surrounding the adverse action, including noting an adverse action occurred shortly after you requested a reasonable accommodation or disclosed your disability to your employer.
• Performance evaluations, disciplinary records, and other documentation related to your employment history can provide insights into how your disability was perceived by your employer and whether it influenced their decision-making process regarding the adverse action.
• Testimony from coworkers, supervisors, or other individuals who observed or were aware of discriminatory behavior or actions in the workplace.

Contact Our Employment Law Attorneys Today

At Romero Law, APC, we can assess the strength of your case and determine the most effective strategies for presenting your evidence during a free consultation.

Contact our experienced Los Angeles County disability discrimination attorneys today to discuss your unique circumstances. Our employment law firm and bilingual staff offer services in both English and Spanish and are available to discuss your case by calling (626)-396-9900 or contacting us online.