Proving Discrimination

Both the ADA and FEHA require employees to prove that they’re “qualified individuals” and can perform the essential job duties before they can establish discrimination — it’s not on the employer to establish that the employee isn’t qualified.¹

A “qualified individual” is an applicant or employee who has the position’s required skills, experience, education or other job-related requirements, and who can perform the position’s essential functions with or without reasonable accommodation.²

Employers must defend their actions only after their employees can prove themselves qualified. Employees can’t show that an employer has done anything wrong until they can show