The meaning of the term Disability discrimination or Disability harassment.
In general terms, disability discrimination relates to the prospect of treating people in an entirely different manner because of their perceived disability, disability, or their association with a person with a disability. Examples of such discrimination include:
- Mistreating a worker due to her/his disability.
- Asking employment seekers questions relating to their current or past medical conditions, or ordering job applicants to go through medical examinations.
- Designing or maintaining a workplace that has substantial barriers that are physical, to the movement of individuals with physical disabilities.
- Discriminating on the basis of either mental or physical disability, in different aspects of job, including; firing, hiring, recruitment, job assignments, training, benefits, promotions, pay, layoff, plus all other job-related activities.
- Declining to provide a decent accommodation to workers with a mental or physical disability that would allow them to perform their duties.
If you have experienced either of these things while working, just know that you may have suffered disability discrimination. If you are qualified for a job and have a disability, there are state and federal laws that protect you against discrimination, harassment, and retaliation due to your disability. Additionally, you are also protected if you happen to be a victim of discrimination due to your association (business, social, family or any other relationship) with a person with a disability.
The examples of disability discrimination.
It is important to note that discrimination due to disability can happen in a number of ways. It can be direct, and obvious, or indirect, and not obvious. The examples are explained below.
Direct disability discrimination: A restaurant allows a couple with a child who is disabled to take meals in their outdoor seating place but not in their family room. In this case, this family has not been given the same choices given to other families.
Indirect: A local authority, for example, a Department of Health, produces a leaflet with information concerning its services for the people. In an attempt to reduce the costs, it fails to produce a version of the leaflet that is easy to read. This practice makes it quite tough for someone with a learning disability to get the information and the services, and this could lead to indirect discrimination.
The federal laws that cover people with disability.
The Americans with Disabilities Amendments Act of 2010;
This particular law prohibits state and local governments, private employers, labor unions and employment agencies from discriminating against individuals with disabilities who are qualified in their employment application procedures, firing, hiring, compensation, job training, advancement, and other conditions, terms and privileges of employment. Parts of the ADA not relating to employment look into discrimination by governmental agencies and in public accommodations.
For additional detailed information concerning the ADA, visit the U.S. Equal Employment Opportunity Commission’s Website on Disability Discrimination.
The 1973 Act of Rehabilitation.
This particular act states that it is illegal to discriminate by disability in Federal employment, in programs conducted by Federal agencies, in programs receiving Federal financial assistance, and in the employment practices of federal contractors.
The procedure for determining discrimination related to employment under the Rehabilitation Act are no different to those used in the Americans with Disabilities Act.
The laws explained above are the primary federal laws that apply to discrimination in the workplace. However, it is crucial to note that there are numerous other federal laws, which make it illegal to discriminate on the concept of disability and includes:
The 1968 Architectural Barries Act, which demands that facilities and buildings, constructed, altered, designed, or leased with given federal funds after September 1969 must be accessed and used by physically challenged people.
The 1986 Air Carrier Access Act, which prevents discrimination in the provision of air transportation.
The Housing Fair Act, which prohibits discrimination in the rental, sale and financing of housing based on disability.
And the Individuals with Disabilities Education Act which ensures that learners with disabilities are protected and that children with disabilities have access to free appropriate public education.
Individuals considered disabled under the law.
According to the ADA Amendment Act, disability refers to, with respect to a person, one who:
Has a mental or physical impairment that substantially limits one or more main activities of life of such a person;
Has a record of such an impairment,
Is regarded as having such an impairment,
The ADA Amendments Act alters the manner in which these criteria should be interpreted.
How the disability definition is interpreted under the law.
The ADA Amendment Act stresses that the definition of disability should be interpreted in a broader approach.
The Act orders the EEOC to revise the part of its regulation that defines the term Substantially limits. It also expands the definition of main life activities to incorporate:
Events previously recognized by the law, such as seeing and walking, together with the new one such as communicating, reading and bending.
The primary functions of the body such as functions of the normal cell growth, digestive, bladder, immune system, brain, respiratory, circulatory, reproductive and endocrine functions.
In the process of finding out whether an individual has a disability or not, mitigation measures, (if you can use medication to eliminate the limitations of your medical state, or successfully use a hearing aid, a prosthetic, glasses or other helping device) other than ordinary contact lenses will not be considered.
Though a particular impairment might be in remission or intermittent, it will be considered a disability if, it would substantially hinder a major activity of life.
If you are a person subjected to an action prohibited by the ADA such as failure to hire, due to impairment, which is either perceived or actual, you will meet the regarded as the definition of disability, unless the impairment is in transition or a minor.
The employees covered by the law.
Employment discrimination against individuals with disabilities is prohibited if practiced by:
Employment agencies.
Private employers.
Local and state governments.
Organizations of labor or
Committees of labor management.
The ADA applies to all companies, including local and state government employers, with fifteen or more workers. Most states also have laws that prohibit discrimination by disability.
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