You’ve requested disability accommodations at work, and now, you’ve been fired. This situation can feel sudden, confusing, and unfair. In some cases, it’s also illegal. There are federal and California laws that protect employees requesting reasonable accommodations for a disability. When an employer retaliates against you for asserting your legal rights, it may be time to speak to a disability discrimination attorney in California.
At Riggins Law, we are passionate about advocating for California employees and their rights. Attorney Christa Riggins has dedicated her practice to helping employees enforce their rights in the workplace. She has litigated many employment disputes involving clients who have been unfairly targeted, retaliated against, and fired. Call us at 626-365-1599 to schedule a consultation at our disability discrimination law firm.
What Counts as Disability Discrimination or Retaliation?
There are two key laws that protect disabled employees in this exact situation. The Americans With Disabilities Act and the California Fair Employment and Housing Act. These laws require employers to provide reasonable accommodations to qualified employees with disabilities and to work with the employee to determine the type and level of support needed. Depending on the disability and requested accommodations, potential solutions may include modified schedules, remote work, assistive equipment, and medical leave.
Termination after requesting accommodations may be unlawful if your employer ignored your request, refused to engage in a good-faith discussion regarding your request, and/or took negative action against you for asserting your rights.
Why Timing Matters
When you first meet with a disability discrimination attorney, they’ll likely start by asking for a timeline of events. This is because one of the strongest indicators of retaliation is timing. Although timing alone is insufficient to establish discrimination or retaliation, it is strong persuasive evidence of possible illegal conduct.
Here are a few common examples of suspicious timing between the protected activity (such as a request for an accommodation) and an adverse employment action:
- You request accommodations, and within days or weeks, your employer terminates your employment
- You have a history of positive performance reviews, but after requesting accommodations, your employer starts finding reasons to give you negative marks and/or criticisms in your performance evaluations
- Your manager begins to exclude you from key projects, meetings, and/or decisions
- Your manager begins disciplining you for minor issues that were never a problem before
This is known as temporal proximity. Temporal proximity just means that the decision to terminate you is close to the time that you disclosed your disability or requested accommodations.
The Most Important Evidence to Save Immediately
When you’re trying to prove termination based on disability, having the right evidence can make a significant difference in how your case turns out. Your disability discrimination lawyer may have a list of useful forms of evidence to look for, but some common examples include:
- Written accommodation requests: It’s important to submit your request for disability accommodations in writing. It proves you made a request, shows that the employer had knowledge of your disability and need for accommodation, and, if you are terminated shortly after, it establishes the temporal proximity we discussed previously.
- Employer responses: Proof of your employer’s response, or their failure to respond, can show whether they engage in a good-faith interactive process or denied your request for illegitimate reasons.
- Performance records before and after your request: A sharp change in tone after your request may indicate that your employer was laying the groundwork to fire you once you requested accommodations.
- Termination documents: Termination documents may have information on why they claim you were fired. This evidence can be scrutinized to show that the reason provided is pretextual.
What If You Don’t Have Access to Everything?
Some people never reach out to a disability discrimination law firm because they don’t have all of the evidence related to their case, but you don’t need everything for a strong case. It is entirely possible to build a case from what you do have and then corroborate it with testimony. The sooner you contact an attorney, the easier it may be to recover important evidence.
Choose Riggins Law for Your Pasadena Disability Discrimination Case
The good news is that California has extremely strong worker protection rights, and we’re here to help you understand and enforce your rights. Schedule a consultation now by calling us at 626-365-1599 or reaching out online.
