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Posted on September 26, 2022


How do I prove disability discrimination at my job?

An employer cannot treat a qualified individual who is an employee or applicant unfavorably because they have a disability.  Additionally, it may also be unlawful if an employer treats an applicant or employee less favorably because they have a history of a disability (such as a past serious illness), or because they are believed to have a physical or mental impairment that is long lasting.

An employer must provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

To prove that you have been illegally discriminated against due to your disability, you must show that

  1. the employer is subject to the ADA;
  2. the employee is disabled as defined by the ADA, has a record of impairment, or is perceived to be so by the employer;
  3. the employee is able to perform essential functions of the job, either with or without reasonable accommodation; and
  4. the employer took an adverse employment action against the employee because of, in whole or in part, the employee’s protected disability.

The ADA and the EEOC require an employer to provide reasonable accommodations to employees and job applicants with a disability unless it would cause significant difficulty or expense for the employer.

According to the EEOC, a reasonable accommodation is any change in the work environment  to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.

Reasonable accommodations, for example, might include making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.

If you believe you are being discriminated against because of your disability, contact us for a free, no obligation consultation.


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