What is necessary for a person to prove that he or she has a disability under the Americans with Disabilities Act (ADA)?
Bringing a claim for disability under the Americans with Disability Act, or the state counterpart, known as the FCRA, is not easy. You have to first show that you suffer from a disability or handicap, as that term is defined under the law. That usually requires that it be serious or significant, or limit one or more what we call a life function, like working, walking, speaking, some limitation that if it accommodated, you could do your job. The second thing you have to show is that you’re being treated differently because of that disability or that condition. Often people suffer from unfair workplace situations that have nothing to do with their disability. They might perceive it as such. It’s important to ferret out how you’re being treated and why. The easiest way to do that is to establish that other coworkers who don’t suffer from disabilities are being treated better than yourself, who has such a disability.