Kraken Nav Logo
A disability discrimination claim form on a desk

How To Prove Disability Discrimination In The Workplace: A Practical Guide

If you’re suffering from an illness that hinders your working ability, you can said to be experiencing a disability. This may be temporary or permanent, depending on the severity of your injury.

For example, an accident that leaves you paralyzed from the waist below may be a permanent disability. Despite being illegal, many workplaces discriminate against employees using their disabilities.

You may be suffering from disability discrimination in the workplace. If so, learning how to prove it will help you fight against it.

What Is Disability Discrimination In The Workplace?

A definition post on the meaning of disability discrimination in the workplace

Disability discrimination in the workplace refers to unfair treatment of employees due to a disability. For example, a manager may refuse to promote you regardless of your high performance.

This practice is illegal in the US, so companies engaging in disability discrimination in the workplace must suffer consequences. That is why it is important to report this injustice at your office.

Examples Of Disability Discrimination At Work

An infographic on the examples of disability discrimination at work

One of the top examples of disability discrimination in the workplace is pay reduction due to disability. Your company may use the excuse “budget cuts” to decrease your salary.

Other examples of disability discrimination in the workplace include:

  • Elimination of your position to remove you from the company
  • Hostile work environment such as the use of negative language against you
  • Exclusion from meetings and company dinners
  • Denial of promotions

How To Prove Disability Discrimination In The Workplace

An infographic on how to prove disability discrimination in the workplace

How to prove disability discrimination in the workplace is a common question that many victims worry about. If you’re thinking about it, the steps below will help you:

1.   You Must Prove You Have A Qualifying Disability

The first step to proving discrimination at work is proving you have a disability. Every condition doesn’t qualify as a disability, so you must understand the classification properly.

For instance, personal issues such as compulsive gambling don’t come under a disability. So you must consult with a lawyer to understand the things that qualify as a disability in the working industry.

You will have to get a health certificate to prove you have a qualifying disability. The document must also state that despite the disability you can perform all your essential job duties.

It is necessary to give a notice of your disability to your employer. This ensures that your company knows fully about your condition. Many people in disability discrimination in the workplace claim they didn’t know about the worker’s condition.

This is regardless of how obvious the disability was. So giving a notice to your employer will protect you in discrimination cases. It will eliminate arguments such as the company didn’t know about disability.

Many company handbooks also have policies for people suffering from a disability. If you don’t follow the rules present there, your disability discrimination in the workplace case may suffer.

2.   Gather Documentation And Evidence Of The Discrimination

Gathering evidence of discrimination is necessary before you can start a case against your workplace. The evidence may be oral such as recorded verbal statements of witnesses who saw you suffering from discrimination.

It may also be documentary such as written statements of office staff or notices regarding salary reduction. Remember you must gather evidence lawfully to ensure it will be admissible in the court of law.

Every time you face disability discrimination in the workplace, you must document it. For example, mention the following things in a document:

  • Where did the discrimination happen?
  • Who was the person discriminating against you?
  • Time of discrimination
  • Task that led to you facing disability discrimination in the workplace

A record of each incident will help the authorities investigate the claim easily. For example, the time and location of each incident can allow the investigating officers to get specific camera recordings at the office.

You must also report every incident to your employer so that they can take action. If they don’t take any measures against the other party, it can help you with your case.

That is because many times employers may argue the victim didn’t inform them of discrimination. So they may prove they were unaware of what was happening and get away from discrimination charges.

3.   Prove The Lack Of Proper Accommodations

Once you have gathered evidence, you must offer ADA proof of disability discrimination. The Americans with Disabilities Act (ADA) is a law that covers companies in private sectors with more than 15 workers.

Such companies must offer specific accommodations to people with disabilities in their offices. For example, there may be no parking space accommodation for workers with disabilities in your office.

According to the ADA, you may request the company for accommodations such as parking spaces. The company will have to complete the request as long as it’s reasonable.

If your employer refuses to offer such accommodations, they will be violating the ADA. This means you can offer ADA proof of disability discrimination by bringing your employer’s violation to notice.

You can prove such a violation by asking other employees with disabilities at your workplace about changes they requested.

The company may have a pattern of failing to offer accommodations to workers with disabilities frequently.

4.   Know The Law And Your Rights

Once you have all the evidence in your hand, you must consult a workplace discrimination lawyer. They can help you understand the laws regarding disability discrimination in the workplace in your state.

The attorney will also inform you of your rights such as which organization you can file a claim of discrimination with. For example, the EEOC in the US handles complaints of different types of workplace discrimination cases such as racism.

Your lawyer can help you understand the evidence that you can submit with your claim. They may also investigate the case themselves to help you gather solid proof.

The best thing is that they can also become a point of contact for your employer. This means your lawyer may sit with you in meetings with your senior managers to talk about the discrimination case.


How Do You Challenge Disability Discrimination?

You can challenge disability discrimination in the workplace by hiring an attorney to file a claim. The lawyer can fight your case in court to help you seek justice in the form of compensation, apology, or other things.

How Can Disability Discrimination Be Solved In The Workplace?

Disability discrimination in the workplace can be resolved by active measures such as spreading awareness in the company. Promoting the use of inclusive language for employees with disabilities can also help.

What Is The Equality Act For Disability Discrimination?

The Equality Act protects people from disability discrimination by giving them the right to challenge this injustice. It ensures that all workers receive the same opportunities and treatment at the workplace.

What Are The Elements Of Disability Discrimination?

Disability discrimination has elements such as proof of qualifying disability, discrimination evidence such as harassment footage, and proof of lack of accommodations.

Contact An Attorney For Proving Discrimination At Work

That was everything you must know about how to prove disability discrimination in the workplace. You can consult an attorney to know your rights and laws regarding this injustice at offices.

So phone us today to set up a meeting with our workplace discrimination lawyers for your case.

Stay Informed

Our attorneys bring unique approaches, and personal touches to each and every case. We will work with you every step of the way to get results. See our areas of expertise and call us with your legal questions today.

Kraken Contact Logo

Stay Informed

Contact Us