How to Prove Job Termination Due to a Learning Disability

The Americans with Disabilities Act of 1990 prohibits, among other things, discrimination on the basis of disability in the workplace. Employers with 15 or more employees must provide qualified people with disabilities an equal opportunity to enjoy all employment benefits. If a qualified employee experiences "adverse employment action," like job termination, because of a learning disability, she may sue her former employer. The plaintiff must provide enough evidence of disparate treatment to convince a jury that the discrimination was because of a learning disability.

Things You'll Need

• "Right-to-sue" letter from the EEOC
• Direct or circumstantial evidence of discrimination
• Lawyer or fair employment practice

Instructions

Proving Job Termination Due to a Learning Disability

1. File a complaint with the U.S. Equal Employment Opportunities Committee within 180 days of job termination. If filing with a state or local fair employment practice, do so within 300 days of job termination.

2. Wait for the EEOC to send a "right-to-sue" letter before filing the lawsuit in federal court. A discrimination suit may not be filed without this letter.

3. Prove, with either direct or circumstantial evidence, that discrimination was based on the plaintiff's learning disability. Direct evidence, such as a verbal comment or written note, is best but often not available, so make due with circumstantial evidence.

4. Disprove the employer's claim of legitimate job termination. The employer will not be required to prove his claim, only articulate it. The burden of proof falls entirely on the plaintiff.

Tips & Warnings

• Be aware that discrimination laws vary from state to state.

References

• Workplace Fairness
• U.S. Equal Employment Commission
• U.S. Department of Justice Americans with Disabilities Act

Resources

• Greenberg & Rudman LLP
• National Network of ADA Centers