Disability discrimination in the workplace occurs when an employer treats an employee unfairly due to a disability or perceived disability. This can include denying reasonable accommodations, harassment, or wrongful termination.
If you’ve faced such disability discrimination, building a strong case with thorough documentation is essential to seeking justice. Contact PLBH at (800) 435-7542 for a free legal consultation.
What Is Disability Discrimination?
Disability discrimination occurs when employers fail to comply with laws protecting individuals with disabilities, such as the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA). Common examples include:
- Denying reasonable accommodations needed for an employee to perform essential job duties.
- Harassment or derogatory comments about a person’s disability.
- Refusing to hire or promote someone due to their disability.
- Retaliating against an employee for requesting accommodations or filing a complaint.
Recognizing Signs of Disability Discrimination
It’s not always easy to identify discrimination, but some red flags include:
- Unjust Denials: Requests for accommodations, such as modified schedules or assistive devices, are rejected without explanation.
- Exclusion: Being left out of meetings, projects, or opportunities due to assumptions about your capabilities.
- Derogatory Remarks: Comments about your disability, such as suggesting you’re “not fit” for your role.
- Disparate Treatment: Receiving harsher discipline or evaluations compared to coworkers without disabilities.
How to Document Interactions and Violations
Building a strong case requires detailed evidence to prove discriminatory actions. Here’s how to effectively document your experiences:
1. Keep a Detailed Journal
Maintain a record of all incidents of discrimination, including:
- Dates, times, and locations of each interaction.
- Names of individuals involved, including witnesses.
- Specific comments or actions that reflect discriminatory behavior.
2. Save Written Communications
- Retain emails, memos, or text messages that contain discriminatory language or show bias.
- Keep records of denied accommodation requests or any retaliatory correspondence.
3. Collect Employment Records
- Preserve performance reviews, attendance records, and commendations to demonstrate your qualifications and job performance.
- Obtain documentation of disciplinary actions to show disparities in treatment.
4. Gather Witness Testimonies
- Ask colleagues who observed discriminatory incidents to provide written or verbal statements.
- Include testimonies from coworkers who can confirm similar treatment or support your claims.
5. Document Accommodation Requests
- Save copies of your requests for accommodations and any employer responses.
- Record attempts to resolve the issue, including meetings or follow-ups with supervisors or HR.
6. Review Company Policies
- Obtain copies of anti-discrimination policies, accommodation procedures, and employee handbooks.
- Compare these policies to your employer’s actions to highlight inconsistencies or violations.
Legal Protections Against Disability Discrimination
Federal and state laws provide strong protections for employees with disabilities:
- Americans with Disabilities Act (ADA): Prohibits discrimination against qualified employees with disabilities and requires employers to provide reasonable accommodations.
- California’s Fair Employment and Housing Act (FEHA): Offers broader protections than the ADA, covering more employers and prohibiting harassment or retaliation related to disabilities.
These laws ensure that employees with disabilities have equal access to opportunities and fair treatment in the workplace.
Strengthening Your Case
In addition to documenting incidents and violations, consider these steps to strengthen your case:
- Report the Discrimination: Notify your employer or HR department in writing about the issue.
- File a Complaint: Submit a complaint to the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
- Consult an Attorney: An experienced employment attorney can help you navigate the process and build a compelling case.
Compensation You May Be Entitled To
If you successfully prove disability discrimination, you may be entitled to:
- Lost Wages: Reimbursement for income lost due to termination or denied opportunities.
- Emotional Distress Damages: Compensation for the mental and emotional toll of discrimination.
- Reasonable Accommodations: Ensuring necessary adjustments are made to support your work.
- Punitive Damages: Additional compensation in cases involving egregious or intentional violations.
How PLBH Can Help
At PLBH, we are dedicated to protecting employees who’ve experienced disability discrimination. Our knowledgeable attorneys will guide you through the legal process, help you gather evidence, and fight for the justice and compensation you deserve.
Take Action Today
If you’ve faced disability discrimination at work, don’t hesitate to protect your rights. Contact PLBH at (800) 435-7542 for a free consultation and learn how we can help you build a strong case and hold your employer accountable.