As a disability discrimination lawyer, it is clear that when it comes to how you’re being treated, trusting your gut is the very first place to start.
Whether you’re trying to get your child the care they deserve in school, or you’re facing discrimination at work, the Americans with Disabilities Act (ADA) was written for you. And, disability discrimination lawyers exist to make sure your rights under the ADA are enforced.
Disability discrimination shows up in different ways. It may be clear and unmistakable, like a direct denial of requested ADA accommodations you know you’re entitled to. It may be subtle and hidden, like a pattern of being passed over for promotions or given less favorable assignments.
Or it may be a combination of both, like getting a requested accommodation but then facing retaliation after the fact.
Regardless of how you’re experiencing it, when your instincts and logic spot a red flag in the workplace, you should not ignore it. Building a strong case from the beginning can be a total game-changer in terms of outcomes.
Learn the top 10 things a disability discrimination lawyer wants you to know about how to prove disability at work and enforce your rights under the ADA. Check out our Employment Discrimination practice page for more information.
Quick Links
What is disability discrimination?
The Department of Justice’s ADA.gov website provides some insight into this question.
Generally, disability discrimination is when someone who has a disability or is perceived to have a disability is denied equitable access and treatment in a protected area of life.
This includes:
- employment
- government programs and services
- public transportation
- public accommodations
- telephone and television access
- housing
- flying
- voting
- education
- civil rights
- physical accessibility (to buildings and structures)
- digital accessibility (to websites)
The basic ideas about building and proving your case are true for any disability discrimination scenario.
How to Win a Disability Discrimination Case
When you’re at the point of seeking legal help, like you are right now, there are usually two things swirling around in your mind.
First, is how do I put an end to this situation that I’m currently experiencing. Whether it’s harassment and job stagnation or it’s a blatant denial of a reasonable request for accommodations, you need to fix the fiasco you’re living through at work as fast as possible.
Second, is how do I win a disability discrimination case if it comes to that?
Any disability discrimination lawyer will tell you that the number one starting point for both of these questions is: you’ve got to be able to prove your disability discrimination case. If you can’t prove what’s happening, you can’t solve your immediate problem or look forward to winning your legal case.
10 Facts Every Disability Discrimination Lawyer Wants You to Know About How to Prove Disability Discrimination
1. You Must Meet the ADA Definition of Disability
Under the Americans with Disabilities Act (ADA), a disability is defined as a mental or physical impairment that substantially limits one or more major life activities. This includes not just visible disabilities, but conditions like autism, anxiety disorders, PTSD, epilepsy, chronic pain, and more.
Notably, not every single condition is set out under the ADA.
If you or someone you care about meets this definition, you are entitled to protections under federal law, regardless of whether others “believe” your disability is serious enough.
2. You Must Be Qualified for the Job (or Service)
In employment discrimination cases, you must be able to perform the essential duties of the job, with or without reasonable accommodations. For services (like housing, education, or healthcare), you must be eligible in the same way anyone else would be.
Being disabled doesn’t mean you’re less deserving. It just means you may need things done differently – and the law protects your right to ask for that.
3. You Need to Show Adverse Treatment
Whether you were denied housing, fired from a job, refused services, or ignored in a healthcare setting – you need to demonstrate that the treatment you received was worse than what others without disabilities would have experienced in your situation.
A disability discrimination lawyer helps you understand what kind of evidence will support your position and gather it through legal document requests and data gathering.
4. Direct Evidence Is Rare – Document Everything
Most people don’t come right out and say, “We’re treating you unfairly because of your disability.” That’s why documentation is everything. Save emails. Write down names. Note dates and times. Keep records of conversations and treatment decisions.
If someone witnessed you being treated unfairly due to your disability, make a note of that, too. Anyone present on the phone, in the room, at the meeting, etc., should be jotted down.
If you’re denied workplace accommodations, ask for the reason in writing. If your child is mistreated at school or a healthcare facility, take photos, save notes, and get second opinions. These details can form the backbone of your legal case and may significantly help a disability discrimination lawyer build and prove your claim.
5. Comparative Evidence Helps
Courts often look at how people without disabilities were treated in similar situations. For example, in a medical setting, if a non-disabled patient with a similar injury received immediate care and your child with autism or another unique need was forced to wait for hours and sent home misdiagnosed, that’s likely comparative evidence of discrimination.
A disability discrimination lawyer will help you gather these comparisons and build a stronger argument.
6. Refusal to Provide Reasonable Accommodations Is a Red Flag
Under the ADA, employers, housing providers, and service institutions are required to provide reasonable accommodations unless it causes undue hardship.
This can include:
- Modified work schedules
- Adjusted communication styles
- Allowing service animals or emotional support animals
- Offering sensory-friendly spaces
- Providing written instructions or captions
- Providing basic assistive technology
- Allowing for medical and therapy visits
- Making arrangements for accessible workspace
If someone refuses to even try to accommodate your needs, that’s discrimination.
7. Retaliation Is Also Illegal
Many people fear speaking up because they worry they’ll lose their job, housing, or access to services. But retaliation- meaning any punishment or negative action taken because you advocated for your rights- is also prohibited by law.
If you were demoted, evicted, threatened, or harassed after requesting accommodations or filing a complaint, a disability discrimination lawyer knows how to hold the responsible parties accountable.
8. You Must Establish a Prima Facie Case
“Prima facie” just means the basic facts needed to get a legal case started. In a disability discrimination case, you typically need to show:
- You have a disability
- You were qualified or eligible for the position or service
- You were treated unfairly or denied something because of your disability
- Others without disabilities were treated more favorably
Once this is shown, the burden shifts to the other side to prove their actions were justified, and that’s when your documentation and legal support become even more important.
9. Witnesses Can Strengthen Your Case
Whether it’s a coworker, another parent, a nurse, a friend, or someone else, witnesses can make a big difference. A disability discrimination lawyer may ask them to provide written statements, testify in court, or validate your experiences.
10. Legal Help Is Crucial
Disability discrimination cases are complex, especially when emotions, trauma, and long-term impacts are involved. A qualified disability discrimination lawyer knows how to navigate state and federal protections, and how to fight back when systems fail you.
Top Tip! Whether it’s filing a claim with the EEOC, drafting a demand letter, or building a lawsuit, your disability discrimination lawyer ensures you aren’t doing this alone.
Location Matters: Disability Discrimination Lawyers Are Helping People Everywhere
Disability discrimination isn’t limited to one state, it’s a nationwide epidemic and equity for disabled people is still out of reach – especially in states with high populations and major metropolitan areas.
However, while disability discrimination is happening in every nook and cranny of the country, disability discrimination lawyers are seeing increasing demand in areas like these:
- California (Los Angeles, San Diego, San Francisco)
Lack of accessible housing, denial of workplace accommodations, and public school failures are all too common. - New York / New Jersey (NYC, Manhattan, Queens, Brooklyn, the Bronx, Staten Island, Long Island, Newark, Edison, Elizabeth, New Brunswick, and beyond)
From employment discrimination in the corporate world to public transit inaccessibility, NYC’s dense systems often fail disabled residents. - Florida (Miami, Tampa, Orlando, Tallahassee)
Disability-related housing denials, especially for emotional support animals and elderly residents, are frequent legal complaints. - Texas (Austin, Dallas, Houston)
Rapid urban development has led to a spike in complaints about employers ignoring ADA compliance and schools failing students with disabilities. - Pennsylvania (Philadelphia, Pittsburgh, and Scranton)
Medical negligence and failure to accommodate learning disabilities in public schools are driving many legal inquiries in these areas. - Illinois (Chicago)
Discrimination in healthcare and government services especially against Black and Brown disabled individuals remains a major concern.
So as you’re searching for a “disability discrimination lawyer near me” know that help exists, even in areas with high rates of systemic failure.
A skilled disability discrimination lawyer can make sure your voice is heard and your rights are enforced- no matter where you are.
When the System Breaks: A Mother’s Story
Imagine having a bright, beautiful little boy with unique needs who sees the world in color while others see it in black and white.
You work. You save. You do everything right. You find a home; you make it safe. You hold your son through meltdowns. You teach him sign language when words don’t come. You advocate for therapy, for services, for a future. You become everything – provider, protector, interpreter, teacher, and friend.
And then one day, your son jumps off the bed and lands hard. You know before you even hear the scream and you’re out the door to urgent care immediately.
But urgent care isn’t built for children – and definitely not for children with disabilities. There is no support. No sensory accommodations. No understanding. You wait over an hour just to get an X-ray. No one knows how to speak to your son. The room is too bright, too loud. You hold him down gently while he trembles in fear, trying to help the technician get a clear image.
Then the doctor reviewing the x-ray says the bone isn’t broken and you’re sent home.
But you know the urgent care had no understanding of how to care for a child with complex needs who is in pain, and something isn’t right.
You contact a specialist on your own. And this time, the diagnosis is clear: the arm is broken. Your son was in pain for two full days without proper care.
This is what disability discrimination looks like in real life- buried in systems that weren’t built for people like your son. It’s the way care is delayed, the way needs are dismissed.
As a disability discrimination lawyer will tell you, this is not just medical negligence. It’s part of a broader issue: it’s about protecting access to quality medical care for everyone and upholding ADA rights.
GET JUSTICE: Disability Discrimination Lawyers Protect ADA Rights and Get You Money
If you believe your ADA rights have been violated or that you or a loved one have been mistreated because of a disability, take action.
Document everything. Reach out. Ask questions. You deserve better, and so does your family.
For more help understanding your rights, call today to set up a FREE consultation with a skilled, experienced, and compassionate disability discrimination lawyer.
Justice rarely shows up on its own. It usually needs a push, and a disability discrimination lawyer who believes you!
Get a FREE consultation and pay no money out of pocket to work with a top-tier disability discrimination lawyer today. We get paid by the people we sue when we win. No justice, no fee.