If I try to sue the employer in court, what must I prove?

To sue an employer under the federal ADA (FHA), California’s Fair Housing and Employment Act (FEHA), or other state anti-discrimination laws (such as California’s Unruh Civil Rights Act),[2060] you must show that your status as an individual with a disability was a motivating factor in the employer’s decision to deny your reasonable accommodation request.[2061] You must also provide evidence that your disability substantially limited your ability to live a normal life,[2062] that the requested accommodation is reasonable and necessary, and (for a disability related to substance abuse) that you are not currently using illegal drugs. [2063]

Remember, you CANNOT sue an employer in court until AFTER you’ve filed a complaint with the EEOC or DFEH and received a Right-to-Sue notice.

BE PREPARED: You should be prepared for the employer to argue that you do NOT have a protected disability because you are a “current user” of illegal drugs, or that you are not being treated for your mental illness.[2064] You can support your request by providing treatment records showing that you have not used drugs for a significant period of time, or that you are receiving treatment for your mental illness.[2065] You should also provide evidence of your participation in or completion of a drug abuse treatment program, or proof that you receive treatment for your mental illness.

  1. 2060

    Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq. ↑

  2. 2061

    See Head v. Glacier Nw. Inc., 413 F.3d 1053 (2005) (holding that the ADA outlaws adverse employment decisions motivated, even in part, by animus based on a plaintiff’s disability or request for an accommodation). ↑

  3. 2062

    42 U.S.C. § 12102(2)(A) (defining disability as “a physical or mental impairment that substantially limits one or more . . . major life activities”). There are many ways to prove that alcohol/drug addiction substantially limited one or more major life activities. For example, you could testify (speak in court) or write an affidavit (legal letter) about how your own addiction, at one time, made you unable to care for yourself or your family, or substantially limited one or more major body functions. You could also provide affidavits or testimony of family members or others. It is not necessary to provide evidence from a treatment program, though that certainly can be helpful. ↑

  4. 2063

    Cal. Gov’t Code § 12926(l)(S)(iii)(6). ↑

  5. 2064

    See Campbell v. Minneapolis Pub. Housing Auth., 168 F.3d 1069 (8th Cir. 1999) (“The MPHA indicated it was denying [Campbell’s] application for the following reasons: . . . you have recently used illicit drugs and have a problem with alcohol.”). ↑

  6. 2065

    See United States v. S. Mgmt. Corp., 955 F.2d 914, 916 (4th Cir. 1992) (finding a private apartment complex to have violated the FHA by refusing to rent units to a community drug and alcohol rehabilitation board for its participants who had remained drug-free for one year). ↑