Disability discrimination happens when an employer treats a person unfairly because of their disability. This can include refusing to hire someone, denying reasonable accommodations, or even firing an employee due to their medical condition.
If you are facing disability injustice, knowing how to prove discrimination is important. Whether you’re filing a complaint with your employer, the Equal Employment Opportunity Commission (EEOC), or considering a disability discrimination lawsuit, you need strong evidence.
This guide explains:
- How to prove disability discrimination employment cases
- The laws that prohibit discrimination
- The types of evidence you need
- Steps to take if you believe you have been discriminated against
If you think you have a disability discrimination case, gathering the right proof can help protect your rights.
What is Disability Discrimination?
Define Disability Discrimination
Disability discrimination happens when people with disabilities are treated unfairly at work because of their condition. The Americans with Disabilities Act (ADA) protects individuals with disabilities from this kind of mistreatment in the United States.
The law requires employers to provide equal opportunities for workers with disabilities. This includes:
- Allowing them to apply for a job without discrimination
- Providing reasonable accommodations for their disability
- Treating them fairly in promotions, pay, and job duties
If an employer refuses to follow the disabilities act ADA, they may be violating the law.
Disability Discrimination and the Workplace
Discrimination in the workplace can happen in many ways. Here are some disability discrimination examples:
| Type of Discrimination | Example |
| Hiring Discrimination | A job applicant is denied a job offer after disclosing a disability. |
| Failure to Provide Accommodations | An employee is denied a modified schedule or equipment that would help them do their job. |
| Harassment | A manager repeatedly makes negative remarks about an employee’s medical condition. |
| Retaliation | An employee is fired after requesting medical leave. |
The law also requires that employers provide reasonable accommodations unless doing so would cause them serious financial harm.
If you believe you’ve faced discrimination in the workplace, visit the EEOC website to learn about your rights.
How to Prove Disability Discrimination
If you want to take legal action, you need to know how to prove discrimination based on disability. A strong case requires evidence showing that:
- You have a disability that qualifies under the ADA.
- You were treated unfairly because of your disability.
- Your employer failed to provide reasonable accommodations.
Types of Evidence You Need
| Evidence Type | Why It’s Important |
| Medical Records | Prove that you have a disability that affects your major life activities. |
| Employment Records | Show your qualifications, performance, and any unfair treatment. |
| Emails & HR Complaints | Provide written proof that you requested accommodations or reported discrimination. |
| Circumstantial Evidence | Help connect employer actions to discrimination (such as suddenly negative performance reviews). |
| Witness Statements | Testimonies from coworkers who saw or heard discrimination. |
Direct vs. Indirect Evidence
- Direct evidence includes statements from employers that clearly show discrimination (e.g., “We don’t hire people with disabilities”).
- Circumstantial evidence shows patterns of unfair treatment, such as demotions or terminations after requesting medical leave.
If you’re unsure what evidence to collect, discrimination attorneys can help build your case.
Steps to Take If You Face Discrimination
If you experience disability discrimination, follow these steps:
1. Document Everything
Keep detailed records of:
- Dates and times of incidents
- Emails or messages related to discrimination
- Performance reviews before and after disclosing your disability
- Witness names who saw the discrimination
2. Request Accommodations in Writing
Under the ADA, employers require employers to provide reasonable accommodations. Make your request in writing and keep a copy.
Examples of accommodations:
- Adjusted work schedules
- Special equipment or software
- Time off for medical treatments
If your employer denies your request, ask them to explain why. If their reason is weak, it may support your disability discrimination lawsuit.
3. File a Complaint with HR
Many companies have a process for handling discrimination complaints. Submit a formal complaint and keep a copy of the response.
4. File a Charge with the EEOC
If your employer ignores your complaint, you can file a charge with the EEOC. The law also requires that you do this before filing a lawsuit.
- You must file within 180 days (or 300 days in some states).
- The EEOC may investigate or help you settle the case.
Learn more about filing a charge at the EEOC website.
5. Consider Filing a Lawsuit
If the EEOC does not resolve your claim, you may file a disability discrimination lawsuit. A lawyer can help you fight for:
- Lost wages
- Compensation for emotional distress
- Reinstatement if you were fired
If you need legal help, schedule a consultation with Hammons Law.
How a Lawyer Can Help
A discrimination attorney can:
- Review your case and help gather strong evidence
- Negotiate with your employer
- File a lawsuit if needed
Why Choose Hammons Law?
Hammons Law specializes in disability discrimination cases and has helped many employees fight for their rights.
Proven Results – See our past case successes.
Experienced Attorneys – Meet our legal team.
Free Consultation – Get legal advice by scheduling a free case review.
Protect Your Rights
If you’ve experienced disability discrimination in the workplace, take action. The ADA prohibits discrimination, and you have legal options to hold employers accountable.
Key Takeaways:
Know your rights under the Americans with Disabilities Act (ADA).
Gather strong evidence, including medical and employment records.
File a complaint with HR and escalate to the EEOC if needed.
Speak to a lawyer if you need help with your discrimination case.
You don’t have to face this alone. Take the first step by scheduling a free consultation with Hammons Law today.