The U.S. Equal Employment Opportunity Commission defines disability discrimination as an occurrence in which “an employer or other entity covered by the Americans with Disabilities Act, or the Rehabilitation Act, treats a qualified individual with a disability who is an employee or applicant unfavorable because he/she has a disability.” This means that it is illegal for employers to treat employees or applicants unfairly solely based on a disability. The law also protects individuals from discrimination based on their relationship with a disabled person.
The Equality and Human Rights Commission notes six main types of disability discrimination; direct and indirect, failure to make reasonable adjustments, discrimination arising from disability, harassment and victimization.The law forbids discrimination regarding any aspect of employment, such as hiring, firing, job assignment, pay, layoff, promotion, benefits and all other terms or conditions of employment. Unfair treatment due to a disability is direct discrimination, while company policies that have a worse impact on the disabled, is an example of indirect discrimination. The law also requires employers to provide reasonable accommodations for disabled persons. It is also illegal to harass applicants and employees because they have or had a disability. Harassment can include teasing or any actions that create a hostile or offensive work environment. Victimization discrimination arises if one is treated badly as a result of a complaint of disability discrimination.
If you or someone you know has been a victim of disability discrimination in the workplace, contact Darfoor Law Firm at 1-833-DARFOOR to discuss your options with an experienced discrimination attorney.
What kinds of disability discrimination have you witnessed in the workplace? Please leave a comment on our Twitter page. We look forward to receiving your feedback.