What is the burden of proving a prima facie case for disability discrimination?

A prima facie case for disability discrimination requires proof that the plaintiff (1) suffered from a disability or was regarded as suffering from a disability, (2) could perform the essential duties of the job with or without reasonable accommodations, and (3) was subject to an adverse employment action (e.g., discharge) because of the disability or perceived disability. If the employee meets his or her burden, the burden shifts to the employer to establish a legitimate nondiscriminatory reason for the adverse employment decision. The employee must then establish that the reason was pretextual. (See Hanson v. Lucky Stores, Inc. (1999) 74 Cal.App.4th 215, 224.) "The employee 'must produce "substantial responsive evidence"' on this last point. [Citation.] Pretext may be inferred from the timing of the discharge decision, the identity of the decisionmaker, or by the discharged employee's job performance before termination.

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