When it comes to disability discrimination in the workplace, proving that an employer has discriminated under the Americans with Disabilities Act (ADA) requires a clear and strategic approach. Federal and Illinois state laws protect individuals from discrimination based on disabilities. By understanding what evidence is necessary and how to collect it, we can strengthen your case and increase the chances of winning your case. We will now discuss the types of evidence needed to prove disability discrimination, relevant legal issues under federal and Illinois discrimination laws, and how to approach the process with clarity and care.
Disability discrimination occurs when an employer treats a qualified employee or applicant unfavorably because of their disability. The ADA, a federal law, prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, firing, promotions, training, and job assignments. In Illinois, the Illinois Human Rights Act (IHRA) provides additional protections, reinforcing that employees with disabilities deserve fair treatment.
To qualify under the ADA, an individual must have a disability as defined by the law, be qualified for the job, and experience discrimination based solely on their disability. The IHRA mirrors this protection and applies it to employers throughout the state. Collecting the proper evidence to demonstrate that these criteria are met is crucial to building a strong case.
The first step in proving disability discrimination is establishing that the employee meets the legal definition of “disabled” under the ADA and IHRA. This includes showing that the employee has a physical or mental impairment that significantly limits one or more major life activities. Medical records, physician’s statements, and disability evaluations can all support this claim.
Having proper documentation that outlines the nature of the disability, its impact on daily life, and the limitations it may cause is essential. Additionally, if the employer knew about the disability, documentation of any disclosures made to the employer can be key evidence.
Performance reviews and employment records offer valuable insight into an employee’s qualifications and work history. Consistently positive evaluations can help build a case that any adverse actions taken by the employer were motivated by discrimination rather than performance issues.
If performance evaluations suddenly decline after an employee discloses a disability or requests accommodations, this shift can suggest a discriminatory motive. Records showing the employee’s ability to perform essential job functions, with or without reasonable accommodation, can also support the case by highlighting their qualifications and commitment.
Direct evidence, though not always available, can be incredibly powerful in proving discrimination. This may include written or verbal statements from an employer or supervisor indicating bias or a negative attitude toward the employee’s disability. For example, if a supervisor makes comments suggesting the employee’s disability is a burden or that their requests for accommodations are unwelcome, this could be strong evidence of discrimination.
Witness statements from coworkers who observed discriminatory behavior or overheard derogatory remarks can also support the claim. Emails, memos, and other documents that reflect discriminatory attitudes can serve as valuable evidence.
To demonstrate that an employer treated an employee unfairly due to their disability, it’s often helpful to show how other employees in similar situations were treated. Comparative evidence can highlight that the employee with a disability was subjected to different standards or held to different expectations than others.
For example, if employees without disabilities were allowed certain job privileges, tasks, or accommodations that the disabled employee was denied, this can demonstrate discriminatory intent. It’s crucial to collect documentation showing how the employer treated other employees similarly situated but without disabilities.
Under the ADA and IHRA, employers are required to provide reasonable accommodations to employees with disabilities as long as these accommodations do not cause undue hardship. Keeping records of all accommodation requests, employer responses, and any denials or delays is essential. If an employer fails to provide reasonable accommodations or responds in a way that hinders the employee’s ability to perform their job, this could serve as evidence of discrimination.
Emails, meeting notes, and follow-up communications regarding the accommodation process should be documented. It’s helpful to retain evidence showing that the requested accommodations were reasonable and would have allowed the employee to perform essential job functions.
Successfully proving disability discrimination can bring significant legal consequences for employers who violate the ADA or the Illinois Human Rights Act (IHRA). Employers may be required to reinstate employees who have been wrongfully terminated, provide back pay for lost wages, cover legal fees, and implement corrective measures to prevent future discrimination.
Both federal and Illinois laws are firmly committed to supporting equal employment opportunities, and the legal framework is structured to hold employers accountable for discriminatory practices. However, winning these cases requires solid evidence and a carefully planned approach. By understanding what evidence is essential and gathering it systematically, we ensure that disability discrimination claims are effectively addressed in both the workplace and the courtroom.
Under the ADA, a “disability” includes any physical or mental impairment that significantly limits one or more major life activities, such as walking, seeing, hearing, or working. Illinois law under the IHRA generally mirrors the ADA definition, providing similar protections within the state. Importantly, individuals with a history of disability or those regarded as having a disability, even if not currently experiencing symptoms, are also protected.
Evidence like discriminatory statements, disparate treatment compared to nondisabled employees, or refusal to provide accommodations can support this claim. We also gather performance evaluations, witness statements, and records of accommodation requests to build a compelling case demonstrating that the action was discriminatory.
Employers are required to provide reasonable accommodations unless it would cause “undue hardship” — a legal standard meaning significant difficulty or expense. In Illinois, as under the ADA, an employer must demonstrate that accommodating an employee’s disability is unfeasible or imposes substantial financial or operational burdens. We can challenge these defenses by showing that the requested accommodation was reasonable and would allow the employee to perform essential job functions effectively. We may also present examples of other companies in similar industries that have successfully implemented such accommodations.
If you believe you’re facing disability discrimination in the workplace, the attorneys at North Suburban Legal Services are ready to help. With a deep understanding of both federal and Illinois disability discrimination laws, we provide comprehensive support in gathering evidence and building a strong ADA claim. Don’t let discrimination go unchallenged; contact our Chicago disability discrimination attorney at North Suburban Legal Services by calling 312-909-6089 to receive your free consultation.