Disability Discrimination: What You Need to Prove
The ADA's accommodation requirements are well known — the interactive process, reasonable accommodation, undue hardship. Less well understood is the ADA's discrimination claim: the right of a qualified person with a disability not to be treated worse in employment because of their disability.
The ADA's accommodation requirements are well known — the interactive process, reasonable accommodation, undue hardship. Less well understood is the ADA's discrimination claim: the right of a qualified person with a disability not to be treated worse in employment because of their disability. These are related but distinct theories, and workers sometimes pursue one without recognizing they have the other.
Discrimination vs. Failure to Accommodate
A failure-to-accommodate claim arises when the employer knows about a disability, the employee requests an accommodation, and the employer fails to provide one without justification. A discrimination claim arises when the employer treats an employee adversely — fires them, demotes them, passes them over — because of their disability, regardless of whether any accommodation request was made. Both claims are available under the ADA. A worker who was fired because management assumed her condition made her unreliable (regardless of her actual performance) has a discrimination claim. A worker who was denied a schedule modification to manage a disability has a failure-to-accommodate claim. Many ADA cases involve both.
What You Need to Prove
For an ADA discrimination claim under McDonnell Douglas: (1) the plaintiff has a disability within the ADA's definition; (2) the plaintiff is qualified — able to perform the essential functions of the job with or without reasonable accommodation; (3) the plaintiff suffered an adverse employment action; and (4) the circumstances give rise to an inference that the action was taken because of the disability. The "qualified" element is where ADA cases often turn. An employer can defeat an ADA claim by showing that the plaintiff could not perform the essential functions of the job even with accommodation. Defining essential functions is a factual inquiry — courts look at the job description, how the position actually operates, and whether the employer has accommodated similar limitations for other employees.
Evidence That Moves ADA Discrimination Cases
Direct statements from decision-makers about the plaintiff's condition or limitations. Evidence that the employer's concern about the disability preceded and motivated the adverse action. Comparator evidence showing non-disabled employees with comparable performance issues were treated differently. Medical evidence establishing the disability's actual effect on functioning (and, crucially, what accommodation would have enabled the plaintiff to perform the essential functions). The "regarded as" prong (discussed separately) is especially valuable in cases where the employer acted on a perception of disability — assuming the worker couldn't do the job based on a condition, whether or not the condition actually limited the worker's abilities.
Key takeaways
- Discrimination vs. Failure to Accommodate
- What You Need to Prove
- Evidence That Moves ADA Discrimination Cases
Citations
- Americans with Disabilities Act, 42 U.S.C. § 12101 et seq — Cited authority
- ADA Amendments Act of 2008 — Cited authority
- Bragdon v. Abbott, 524 U.S. 624 (1998) — Cited authority
- Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) (pre-ADAAA, superseded by statute) — Cited authority
Next deep dive
Religious Discrimination: What You Need to Prove
Informational only — not legal advice. Cases and statutes cited reflect federal law as of publication; consult counsel for application to your situation.