Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists. If you're like most Californians, you spend an inordinate amount of time at work.
Provide your employer with a doctor's note that outlines your need for an accommodation. While this might not prevent the discrimination itself, it will put your employer on notice of your condition and help prove your case if discrimination does occur.
Proving workplace discrimination in California can be one of the most difficult steps in a successful discrimination case. It can also be complex, confusing and frustrating.
Harassment slurs and name-calling. graffiti, images or cartoons showing people with mental health disabilities in a negative light. singling out a person for teasing or jokes related to their mental health disability or addiction.
How Does Systemic Oppression and Discrimination Impact People? A lack of availability of mental health services. Transportation issues, difficulty finding childcare/taking time off work. The belief that mental health treatment “doesn't work” The high level of mental health stigma in minority populations.
Medical records, along with corroborating testimony, can prove you have or had a disability. However, in cases where discrimination is based on a perceived disability, substantiating employer statements or nonverbal conduct regarding your mental or physical abilities becomes crucial.
You have the option to file a discrimination claim in state or federal court. Under state law, punitive damages (damages intended to punish employer) cannot exceed three times the amount awarded for actual (compensatory) damages.
Employment Anti-Discrimination Laws Title I of the Americans with Disabilities Act (ADA) and Section 501 of the Rehabilitation Act of 1973 (Section 501) are the federal laws that protect people with disabilities, including mental health disabilities, from discrimination at work.