Facing disability discrimination can be stressful and isolating. For those who are struggling to be seen and treated fairly, West Coast Employment Lawyers is here to fight discrimination and stand up for your rights. Such conduct can appear in many forms, from being denied reasonable accommodations or overlooked for promotions to receiving unjust evaluations or subtle exclusions. Over time, this can contribute to a hostile work environment, making it difficult to feel safe or valued.
If you are experiencing similar challenges, our legal team is available to protect your rights and seek the remedies you deserve. We are readily available to represent clients and provide guidance from start to finish, ensuring your voice is heard. To book a FREE consultation, you can reach out to us by calling (213) 927-3700 or filling out our convenient online contact form.
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At West Coast Employment Lawyers, we are determined to protect individuals with disabilities, ensuring their rights are protected in the workplace. With experience and thorough understanding of disability laws, we will fight to hold employers accountable and help our clients acquire fair outcomes.
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From the moment you contact us, we focus on what matters most to you, and how we can help you.
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We have a history of success, securing justice and favorable results for clients facing discrimination in the workplace.
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We will keep you informed every step of the way, providing reliable updates so you know where your case stands.
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Seeking legal insight should not be a financial burden. We work on a contingency-fee basis, meaning we only get paid if we win your case.
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What Is Disability Discrimination?
Disability discrimination occurs when individuals with disabilities are met with unfair treatment or harassment because of their condition. Employment, in particular, has been one of the most documented areas regarding disability-based discrimination. Whether a worker has a physical or cognitive disability, they do not deserve any misplaced bias towards their ability to work and any behavior is considered to be extremely unlawful and those responsible can be held accountable for their actions. Despite legal protections set in place, mistreatment remains as an ongoing issue for disabled employees.
How Often Does Disability Discrimination Occur?
Studies have shown that applicants who share their condition, like having a spinal cord injury or autism, are given 26% fewer expressions of employer interest compared to those who do not disclose such details. Many employees with disabilities report feeling underestimated or treated differently than their peers, with 47% believing they will never be able to reach a leadership role regardless of qualifications.
Because of these issues, disclosure is seen as a delicate decision. Less than half of employees with disabilities report telling a manager about their condition, and only a fraction will share this information with colleagues or clients. Those who reveal their disability to others often go through discrimination or discomfort from co-workers. However, in some cases, this could lead to job satisfaction and reduced feelings of isolation because it allows employees to request and receive reasonable accommodations that could help them perform their job effectively.
What Are Signs of Disability Discrimination?
Disability discrimination can take on several forms in the workplace. Some examples include:
- Refusing a qualified applicant
- Denying a job offer or career advancement
- Making offensive comments that target an employee’s disability
- Firing or forcing an employee to resign because of their disability
- Preventing disabled employees from participating trainings, meetings, or projects
- Ignoring or rejecting reasonable accommodations that allow a disabled employee to fulfill essential job duties
Discriminatory practices can also arise from policies or practices, making it more difficult for employees to advance in their career path or maintain productivity.
What Is the Americans with Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is a federal civil rights law made to protect individuals with disabilities from discrimination in employment, government services, public accommodations, transportation, and telecommunications.
To be protected under the ADA, a qualified person must have a physical or mental impairment that substantially limits one or more major life activities, have a record of the condition, or are perceived as having one, even if they are not currently limited. Certain disabilities that are recognized under the ADA include the following:
- Mobility impairments, like paralysis, amputations, and multiple sclerosis
- Sensory or hearing impairments, such as blindness, deafness, or significant hearing loss
- Neurological conditions, including epilepsy, traumatic brain injuries, or stroke-related impairments
- Mental health conditions, such as bipolar disorder, anxiety disorders, or post-traumatic stress disorder (PTSD)
- Chronic illnesses, like diabetes, cancer, or Crohn’s disease
- Respiratory conditions, including asthma, cystic fibrosis, and severe allergies
These legal protections establish core ADA rights, which includes freedom from discrimination, access to reasonable accommodations, and equal participation in the workplace and public spaces.
What’s the Difference Between the ADA and the Rehabilitation Act?
The Rehabilitation Act and the Americans with Disabilities Act share a similar goal, and that is to prevent disability-based discrimination. However, they differ in scope, coverage, and who must comply. The Rehabilitation Act (enacted in 1973), applies only to federal agencies, federal contractors, and programs or activities receiving federal financial assistance.
This law requires equal access and reasonable accommodations for individuals with disabilities, which ultimately laid the groundwork for later disability rights laws. The ADA (enacted in 1990) later expanded these protections. Rather than being limited to government funding, the ADA applies to a range of settings, including:
- Private employers with 15 or more employees
- State and local governments
- Public transportation
- Public businesses
While both laws rely on similar legal standards, the Rehabilitation Act is connected to federal involvement whereas the ADA covers most areas of everyday public and workplace life.
How to Prove Disability Discrimination?
To prove disability discrimination, you will have to show that you have a qualifying disability, the employer knew or should have known about it, and you were treated unfairly because of your condition. Evidence in such a case can include:
- Reasonable accommodations were denied
- Requests were ignored
- You were subjected to adverse actions in connection to your disability
Documentation plays a major role. Emails, medical accommodation requests, performance reviews, and witness statements can help establish a pattern of disability discrimination behavior. If your employer failed to engage in a good faith dialogue (an interactive process required to look into reasonable accommodations), this can support your claim, especially if you were not given a legitimate reason for the refusal.
In more serious cases, discrimination may lead to wrongful termination. For instance, getting fired after disclosing a disability or requesting accommodations. When termination shortly follows protected activity and lacks valid explanation, it can be used as evidence that the decision was motivated by disability bias.
What Qualifies as a Disability for Reasonable Accommodation?
A disability qualifies for reasonable accommodations when it substantially limits one or more major life activities and tampers with how a person performs essential functions. Under disability laws, qualified individuals are those who meet the job’s requirements and can fulfill core duties with reasonable adjustments. A disability may be physical, mental, or medical, and visibility is not required.
Reasonable accommodations involve adjustments that allow equal access and participation at work. These may include:
- Wheelchair access
- Modifying work schedules
- Service animals
- Specialized training
The purpose of such accommodations is to eradicate barriers so individuals can fulfill job-related tasks confidently. Employers are usually required to provide such accommodations unless doing so causes undue hardship for the company. Whether a condition qualifies and what accommodations are applicable will depend on how the disability affects your ability to work.
What to Ask for in a Discrimination Settlement?
When negotiating a discrimination settlement, claimants can request certain types of relief. Back pay reimburses wages, bonuses, and benefits lost because of discriminatory actions, like demotions, denied promotions, or wrongful termination. Settlements may also consist of compensatory damages for emotional distress, in addition to attorney’s fees to cover legal costs. Additional requests might include reinstatement, policy changes, or other types of remedies
Seeking Justice for Disability Discrimination? West Coast Employment Lawyers Is Ready to Assist
If you have experienced disability discrimination, taking legal action can make all the difference by ensuring equal access and fair treatment in the workplace. For employment discrimination-related cases, you can reach out to West Coast Employment Lawyers for further insight on how to approach such matters. Our legal team will evaluate your case, maintain effective communication, and help you understand your rights while claiming the remedies and support you are legally entitled to.
To book a FREE consultation, you can connect with us by calling (213) 927-3700 or completing our quick online contact form.
Frequently Asked Questions About Disability Discrimination
What Is the Hardest Disability to Prove?
One of the hardest disabilities to prove is an invisible or "non-obvious" condition. For example, chronic pain disorders, mental health conditions, and certain autoimmune diseases can be difficult to document. These conditions can fluctuate in severity, may not appear on standard medical exams, and rely mostly on subjective reporting. Claimants will typically need detailed medical records, evidence of functional limitations, and reports showing how the condition substantially impacts major life activities.
Does the ADA Cover Temporary Disabilities?
The ADA can cover temporary disabilities if the condition heavily limits one or more major life activities while they last. Such an impairment may qualify if it affects daily functions or job duties. Employees with disabilities may receive accommodations, including schedule adjustments or modified equipment, to help them do their jobs. Under the 2008 ADAAA, protection is based on the effect of the condition, not its duration.
What Are Perceived Disabilities?
A perceived disability happens when an employer or other entity believes that you have a disability, even if you do not actually have a diagnosis or the condition does not substantially limit major life activities. Under the ADA, discrimination based on this type of perception is still not allowed.
For example, if your employer assumes you have a mental health issue or a chronic illness and you are being treated unfairly as a result, this could be considered as disability discrimination even if no actual disability exists. The law will protect you against unfair treatment based on what others think you have, not just your actual medical status.
What Is the Most Common ADA Violation?
The most common ADA violation involves not providing reasonable accommodations in the workplace or public spaces. Affected individuals may file a complaint when requests for adjustments are either ignored or denied without receiving a valid justification. Such violations occur when businesses do not remove barriers that prevent you from fulfilling work-related duties or accessing services.
