People often ask an attorney about how to prove disability discrimination at work, as often the discriminatory practice isn’t always obvious. A person looking in might not realize what is normal and what is not standard practice at your particular workplace. Sometimes a person may wonder if they really have been a victim of discrimination in the first place, or if the conduct of their employer is, or qualifies as, discrimination in the workplace.
While the misconduct may sometimes be subtle, or whether it’s hard to miss, the discrimination usually involves at least one of the varieties of discriminatory conduct detailed below. Each of them is helpful to remember if you are thinking about how to prove discrimination based on disability at your office or another workplace.
6 Ways to Prove Disability Discrimination at Work
A quick way to know how to prove disability discrimination and/or determine if you were the victim of disability discrimination at work is to remember the mnemonic, STAMPED, which stands for:
Similarly situated employees receive better
Treatment. As a result of requesting an
Accommodation or
Mentioning an adverse action you were not
Promoted by your
Employer because you have a
Disability
Each of the first five letters is one of the many ways an employer may have acted towards you that demonstrate disability discrimination in the workplace.. The last letter in STAMPED is a requirement that must be met for any of the five ways to be valid.
1. Similarly Situated Employees
The first way is when your co-worker, who holds the same or similar position as yours (is similarly situated) is treated differently, usually better because they do not have a disability. This type of behavior isn’t always obvious. An example would be when nobody seems to mind when your co-worker takes an hour and ½ for lunch when you are both allowed an hour, but if you exceed the hour, your boss writes you up.
2. Receiving Poor Treatment
While the above way to prove disability discrimination at work requires a comparison between how you and another employee are treated, sometimes you are alone in your position without anyone who you can use to compare the actions of your employer with. You don’t always need that other person to prove poor treatment. Sometimes the poor treatment constituting discrimination is overt. Perhaps your employer loudly complains to other workers that you’re lucky you have your job after having exhausted all your available sick days. You shouldn’t be called out for using the same amount or more sick time than another, just because the basis for you using your sick days is that a disability-related condition is making you unable to work that day.
3. You Ask for an Accommodation
As you might be aware, disabled persons can request reasonable accommodations to help them perform the essential functions of the job. Maybe you’re a diabetic and need to snack often to keep your blood sugar stable when generally, employees are not permitted to eat outside of break or lunch. You ask if your break time can be divided into three (3) of five (5) minute long segments, instead of one (1) fifteen (15) minute break. There is no basis as to why this isn’t possible, as not everyone takes breaks at the same time, and as long as they add up to the same duration. The segmented breaks would not result in a decrease in your productivity but your employer simply refuses to allow you to take the shorter, more frequent, breaks.
When there is no valid reason why your request for accommodation was allowed, also may be a way to prove discrimination based on disability.
4. You Mention an Adverse Action
Continuing with the situation described in the last item, as a result of being denied the more frequent but shorter breaks, you emailed management to discuss the unfairness of the situation and to again request the accommodation. Your direct supervisor, the one that denied the accommodation in the first place was at the meeting. Two days later, after never having received a disciplinary report due to work performance, you receive a write-up that you are falling behind on certain assignments. However, you always turn in your assignments by the date they are due, and you never turn them in late. Based on this hypothetical situation, you may be able to prove disability discrimination.
5. Have You Been Denied a Promotion You Deserved? That Might Help You In Proving Disability Discrimination
Let us imagine you applied for a promotion to become a supervisor at your job. The company hired someone else, but when you chatted with the new supervisor about their past work experience working retail, it seems all their past jobs have been in an office setting. It doesn’t make sense that the company chose them over you to fill the position due to your superior qualifications. This situation may show how you were treated differently than the person they hired, proving disability discrimination. This as well applies to a person with superior qualifications that weren’t hired due to disability.
6. Your Employer Must Know you are Disabled or be Regarded as Disabled
The last item on the list is a precondition for all the ways how to prove disability discrimination listed above. This one is simple: you must be certain your employer is aware you are disabled, or they must believe you are, in order for the negative treatment or action to be based upon a disability.
While helpful, the above list may omit certain, less common ways a person might be discriminated against at work. An attorney can help you determine how to prove disability discrimination and what are the next steps to take to stop this type of treatment.
So, if you feel that you’re a victim of disability discrimination, don’t hesitate to book a free consultation with our employment lawyers in California.