No matter what disability you live with, discrimination is a real possibility. It’s also hard to prove. Your coworkers, managers, or interviewers are unlikely to make hurtful or even threatening statements publicly. They’ll find less obvious ways to discriminate.
Imagine you’ve been working for the same company for years. You have a stellar record, but you’ve recently been diagnosed with diabetes. You need to take breaks to check your sugar levels and eat snacks more often to stabilize them.
Your co-workers start harassing you for being away from your desk too often. They’re calling you names, hiding your snacks and drinks in the breakroom, and refusing to stop when you ask them to. You’re frustrated, and management says you’re overreacting.
Because your supervisors don’t help, you go to HR. After they speak with your department heads, you’re treated poorly. Supervisors are starting to mark you down for not being as productive as others. They tell you that if you don’t work harder and faster, they’ll have to report you. You decide your only remaining option is to quit.
You were discriminated against, but you don’t know how to document these incidents. Much of it is hearsay. What can you do to protect your rights and present your complaint with supporting documentation?
Understanding What Qualifies as Disability Discrimination
Disabilities cover mental and physical conditions that “substantially limit” your daily life. These are conditions that might make it hard to walk, talk, hear, see, learn, or control your bodily systems.
Mental conditions like PTSD, schizophrenia, and bipolar disorder are examples of conditions that affect your ability to perform your job duties. Physical conditions like cancer, diabetes, MS, and rheumatoid arthritis impact your ability to work.
It doesn’t mean you cannot work; you just need accommodations to perform your job duties. Providing your employer is not financially strained while meeting your needs, there’s no reason to refuse to allow you to continue working.
Disability discrimination occurs when the employer, coworkers, or others within a company or hiring agency perform illegal actions, such as:
Asking a job applicant about a disability.
Forcing someone to take tests or pass a medical exam when it’s not required of ALL workers.
Failing to keep medical records confidential.
Harassing an applicant or employee because of a disability, or allowing it to continue after being alerted to the situation.
Interfering with a worker’s ADA rights.
Requiring workers to take a medical exam before extending a job offer.
Retaliating against a worker or applicant who files a complaint.
In addition, suppose a worker’s child, spouse, or other family member has a disability; it’s also illegal to discriminate against an employee who cares for someone with a disability. Both FMLA and CFRA laws may apply if you need to care for a qualifying family member.
Challenges People Face When Filing Disability Discrimination Complaints
Filing a disability discrimination complaint is a process. It can be exhausting emotionally as you relive each occurrence, but your record-keeping skills are important. The more detail you share and the documents you provide, the stronger your case. Some of the biggest challenges people face are:
Proving that the accommodations you requested were not a hardship to your employer.
Proving that your disability was the reason your employer terminated your position, rather than excuses like declining productivity or general layoffs.
Proving you can still complete “essential functions” of your job. If your employer goes in and changes the job duties of your role, you need to have proof of what they were when you were hired or promoted.
Proving your disability is “substantially limiting.”
That’s just the problems you encounter trying to build a strong case. You have other issues, like your coworkers distancing themselves as a protective measure. Your supervisors limit their interactions with you. Your work environment becomes uncomfortable as people avoid you, which adds to the stress you already experience.
The time spent fighting your case may require you to take more time off work, if you’re still working. It makes it hard to afford your bills. As far as all of this goes, you don’t have to do everything on your own. The legal expertise and emotional support a workplace discrimination attorney provides should ease your fears.
Evidence That Helps Prove Your Case
Most people start collecting evidence after their job ends, or they quit out of frustration. Try to avoid that. You want to gather as much evidence as you can from the very start. Evidence that helps prove your case includes:
A copy of your employee handbook, including any policies on handling discrimination complaints.
Emails from coworkers that back up your story or prove that harassing behavior occurred.
Emails or written requests asking for reasonable accommodations.
Medical certifications from your doctor and specialists.
Notes from any meetings you had with your supervisors or HR.
Performance reviews as far back as you can get them.
Proof of economic loss after your hours were cut, you were demoted, or your job ended.
Time logs with entries of what happened and who was there.
Your employer’s responses to your complaints.
Your job description when you were hired or promoted.
As you organize the evidence you have, make sure you build a timeline. When did the discriminatory behavior or harassment begin? What documents prove it? Keep adding to the file documents that show how the behavior escalated and led you to quit or file a complaint.
The Benefits of Hiring a Personal Injury and Workplace Discrimination Attorney
While it’s always possible to file your own disability discrimination complaint, it’s not always the practical solution. Employment discrimination laws are complex and often change. A new year rolls in, and new laws typically go into effect on January 1st.
If you don’t know the current laws like the back of your hand, you’re already at a disadvantage. You also must go up against a company’s legal team and HR, who are there to protect the company.
You might worry that if you say anything, your supervisor or coworker will retaliate. While laws protect you, you don’t feel empowered. After all, there are laws protecting you from discrimination, but it happened anyway.
There are time limits you need to follow. California employees have three years to file a complaint with the Civil Rights Department (CRD). Once you get a right-to-sue letter, you only have one year to file with the court. If you file with the EECO, the deadlines may be shorter, so make sure you file with the CRD or contact an employment law specialist.
A workplace discrimination law firm works for you to protect your best interests. They’re not prioritizing your company’s finances over your emotional or physical injury. You come first, and you gain access to a wealth of legal experts to fight for your fair treatment. Instead of paying a lot of money upfront, most employment discrimination lawyers take their fee from the financial award or settlement they secure on your behalf.
Whether you applied for a job and were told you’re not a good candidate because of your disability or were treated poorly because you need special accommodations, call Shegerian Conniff. If you’re unsure whether what you experienced counts as disability discrimination, call us. We provide free consultations to help you understand your rights and determine your next steps.
