How To Document And Prove Disability Discrimination

Disability discrimination is against state and federal law. If you have been mistreated at work for a disability, do not delay: Hire an experienced Chicago disability discrimination attorney today. You are protected by the Americans with Disabilities Act (ADA) from workplace discrimination based on disability. Your employer must also offer reasonable accommodations to you if you have a disability.

However, documenting and proving disability discrimination is challenging, so follow the steps mentioned in this article. North Suburban Legal Services is an experienced disability discrimination law firm and is available for legal advice now at (312) 313-4038.

The ADA Protects You Against Disability Discrimination

The ADA was passed into federal law in 1990, protecting workers and job applicants from discrimination because of a disability. According to the law, a disabled person has a mental or physical impairment that limits one or more major life activities. It also means you have a history of mental or physical impairment or are regarded as having such a disability.

An individual who falls into one of these categories is qualified for the position, can perform the job’s functions, and is safeguarded from disability discrimination in these areas:

  • Hiring
  • Firing
  • Job application process
  • Conditions
  • Compensation
  • Job training
  • Advancement
  • Work conditions

The law applies to state and local governments, private employers, labor unions, employment agencies, and federal agencies. However, the ADA only applies to organizations with 15 or more workers.

What Is Reasonable Accommodation?

Another critical aspect of the ADA is that companies must make reasonable accommodations for a worker with a disability. A reasonable accommodation is a change to a job procedure or work environment that could help someone with a disability fulfill the duties of that job. Some examples of reasonable accommodations that employers need to make under the ADA are:

  • Making an existing workplace more accessible and usable for someone with a disability.
  • Restructuring a job
  • Modifying someone’s work schedule
  • Reassigning someone with a disability to a more appropriate position
  • Modifying devices or equipment
  • Changing training materials, policies, etc.
  • Offering interpreters or qualified readers for those with hearing or vision disabilities

Documenting and Proving Disability Discrimination

It is clear that disability discrimination is against the law, and employers must make reasonable accommodations for those with disabilities. But how do you prove disability discrimination occurred?

First, it is critical to lay the groundwork for potentially filing a disability discrimination claim. This means proving that you have a disability. Then, you need to show that the position that you have or are applying for is one that you are qualified for. If you can prove these facts, you can begin to collect evidence to show that disability discrimination occurred.

For example, suppose you are a factory worker and have a disability that causes you regular back pain. You ask your employer for reasonable accommodation for your disability, such as taking extra breaks or being able to sit for part of your shift. Your requests are denied. You should collect any available documentation showing you made this request and your supervisor denied it.

Another possibility would be if you applied for a promotion, you had all of the required skills and experience, but you were passed over for someone without a disability. You should gather evidence of your skills and experience and other evidence that shows that another party without a disability was promoted in your place.  Other possible examples of disability discrimination and potential ways to prove it are:

Accommodation Requests Were Reasonable And You Did Not Receive A Response

Sometimes, an employer will simply not respond to your request for reasonable accommodations. You should keep all documentation that you followed the correct procedures for making a reasonable accommodation request and that it is reasonable. However, if you asked for accommodations that are too expensive or difficult to make, you may not have a strong case.

Being Belittled For A Disability

Were you regularly belittled at work for your disability? This should be documented carefully. For instance, write down the names of everyone who demeaned or belittled you and the times and dates it occurred. Also, note the things that were said.

If you have co-workers who saw or heard these things happen, talk to them about offering a statement that can support your discrimination claim. Also, anything you can find in writing supporting this claim will help show that harassment and discrimination took place.

Requested To Take Additional Medical Examinations

Suppose you are asked in a job interview to take extra medical exams to show that a disability exists. Or the interviewer asks extensive questions about your disability. You should write down these occurrences because they could be grounds for a discrimination claim.

Employer Reacts Negatively To Your Disability Discrimination Claim

Did you file a disability discrimination claim against your company and receive a hostile response at work? For example, after filing the claim, were you mocked on the job or denied a raise or promotion? You should document these facts to show that potential violations of the ADA have occurred.

What Your Lawyer Needs To Prove Disability Discrimination

To prove that disability discrimination occurred, your Chicago disability discrimination attorney must show that your company treated you differently than other employees without disabilities. Your attorney could prove that you were given different job duties, denied access to advanced job opportunities, or treated negatively, which affected your ability to work.

Also, they must show that this mistreatment occurred because of your disability, which can be done by collecting some of the evidence mentioned earlier in this article. If your attorney can prove disability discrimination, you could be entitled to damages, such as attorney’s fees and back pay.

Speak To Our Disability Discrimination Attorneys In Chicago

It can be highly stressful and traumatic to suffer disability discrimination at work. If you suspect disability discrimination, filing a civil lawsuit against the party that harmed you can help get you the compensation you deserve. If you want to discuss your possible disability discrimination case today, our Chicago disability discrimination attorneys at North Suburban Legal Services have the expertise and experience to assist you. Just call us today for a consultation at (312) 313-4038.

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