Much progress has been achieved in the direction of equality in recent years. However, there is still a long way to go in many areas of our society, especially when it comes to prejudice against people with disabilities.
Many people with disabilities experience unfair or unequal treatment, which frequently extends to the job. People with disabilities frequently endure subtler forms of prejudice than they may have in the past, which is less shocking. However, it is quite real and may have severe repercussions, such as wrongful termination. Read more to learn how disability discrimination can be proven and then contact PLBH at (800) 435-7542 for a legal consultation.
Most workers are at-will workers
The majority of workers in California, Arizona, and other states are at-will workers, meaning that they can be fired at any moment for any reason, provided that reason is not against the law. An unlawful justification for firing someone is discrimination based on a protected feature, such as a disability.
These are the elements that must be present to win a disability discrimination case
The first thing to keep in mind is that you must have a qualifying disability in order to be eligible to win. This means that you must suffer from a physical or mental impairment, illness, or condition that significantly reduces your quality of life and/or your capacity for earning a living.
Additionally, you must be able to perform your duties; if you are not able to, your termination may be considered valid. However, your employer must take into account any reasonable modifications that would let you keep working. Your employer might be breaking the law if they refuse to do so.
Finally, there must have been a wrongful termination, which means it had to have been brought about by your impairment rather than something else, like poor job performance.
The difficulties in proving disability discrimination
Very few managers, supervisors, or employers will actually confess that they have fired someone for having a disability. The majority of people are aware enough to understand that they cannot formally state that they are refusing to recruit, promote, or terminate an individual’s employment as a result of their handicap.
Due to this, circumstantial evidence, also known as indirect evidence, is typically used in discrimination and wrongful termination claims. The stronger a case is, and the better the odds are that an employee would win the case, the more circumstantial evidence there is of discrimination.
Numerous methods of circumstantial evidence are available. For instance, there can be proof that you were singled out because of your disability if other workers exhibited comparable conduct but did not receive the same treatment.
It might also be proven by proving that an employer’s stated justification for doing something is untrue. For instance, it may be proof of discrimination if your employer fires you and claims that your position is no longer needed, but afterwards employs someone to take your place. You may also have proof of discrimination based on your disability if your employer refuses to provide you with the reasonable accommodations you need to perform your job.
Disability discrimination claims can be complicated, so you’ll need an attorney with experience handling situations like this. Our disability discrimination lawyers at PLBH are knowledgeable about the law and know how to use it in your case. For a free initial consultation (800) 435-7542.