The Proof Required in a Disability Discrimination Case
// Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse
The Fifth Circuit Court of Appeals recently clarified the standard an employee must meet to prove that she was discriminated against by her employer because of a disability.
Under the Americans with Disabilities Act, an employee may establish her claim by offering direct evidence of discrimination. Because direct evidence is often unavailable, an employee may also establish her claim by using the burden-shifting framework articulated by the United States Supreme Court. This requires the employee to establish a “prima facie” case of discrimination. If the employee successfully does so, the employer must then articulate a legitimate, nondiscriminatory reason for the employment decision. The burden then swings back to the employee to show that the employer’s proffered reason is pretextual.
The Court clarified the standard required to prove a prima facie case. To do so, an employee must prove: 1. She has a disability; 2. She was qualified for the job; and 3. She was subject to an adverse employment decision on account of her disability.
Previously, judges articulated different standards for the third element of proof. This ruling solidifies the elements an employee must prove and is in line with the proof required in other circuits.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about an Americans with Disabilities Act matter, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
