What is disability discrimination, or disability harassment?
Are you being treated differently at work If so, is it because of your disability?Â
Get the facts on workplace discrimination
What is disability discrimination, or disability harassment? Disability discrimination means treating individuals differently in employment because of their disability, perceived disability, or association with a disabled person. Some examples of disability discrimination may include:Discriminating on the basis of physical or mental disability in various aspects of employment, including: recruitment, firing, hiring, training, job assignments, promotions, pay, benefits, lay off, leave and all other employment-related activities.Harassing an employee on the basis of his or her disability.Asking job applicants questions about their past or current medical conditions or requiring job applicants to take medical exams.Creating or maintaining a workplace that includes substantial physical barriers to the movement of people with physical disabilities.Refusing to provide a reasonable accommodation to employees with physical or mental disability that would allow them to work.
If any of these things have happened to you on the job, you may have suffered disability discrimination. If you have a disability and are qualified to do a job, there are federal and state laws protecting you from job discrimination, harassment, and retaliation based on your disability. You are also protected if you are a victim of discrimination because of your association (family, business, social or other relationship) with a disabled person.
Which federal law(s) cover people with disabilities?
The Americans with Disabilities Amendments Act of 2010 (42 U.S.C. 12101 et seq.) The ADA makes it illegal for private employers, state and local governments, employment agencies, and labor unions to discriminate against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. Sections of the ADA not relating to employment address discrimination by governmental agencies and in public accommodations.For more detailed information about the ADA, visit the U.S. Equal Employment Opportunity Commission's website on Disability Discrimination.
The Rehabilitation Act of 1973 (29 U.S.C. 701)
The Rehabilitation Act makes it illegal to discriminate on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in the Americans with Disabilities Act.These are the primary federal laws that apply to workplace discrimination, although there are many other federal laws that make it illegal to discriminate on the basis of disability, for example: the Air Carrier Access Act of 1986 prevents discrimination in provision of air transportation, the Architectural Barriers Act of 1968 requires that buildings and facilities, designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and usable by handicapped persons, the Fair Housing Act prohibits discrimination in the sale, rental, and financing of housing based on disability, along with other minorities, and the Individuals with Disabilities Education Act ensures that students with disabilities are protected, and that all children with disabilities have available to them free appropriate public education.The laws of most states also make it illegal to discriminate on the basis of disability, and some state laws have different standards than the ADA for determining who the state law covers.
Who is considered disabled under the law?
According to the ADA Amendments Act, the term "disability" means, with respect to an individual, one who:Has a physical or mental impairment that substantially limits one or more major life activities of such an individual;A record of such an impairment;Being regarded as having such an impairment The ADA Amendments Act changes the way these criteria should be interpreted.Â