common examples of disability discrimination
Disability discrimination can occur in many ways. It can be direct discrimination, such as when an employer refuses to make reasonable adjustments for a disabled employee or an employer dismisses an employee because they have a disability. It can also be indirect discrimination when an employer treats a disabled employee less favourably than other employees because of their disability. Indirect discrimination can also include harassment and victimisation. Harassment can be from a colleague, manager, or customer and it can take the form of insulting or offensive comments or physical assaults. It is also illegal for a supervisor or manager to treat a disabled employee more harshly than other employees because of their disability.
The ADA prohibits direct disability discrimination but it also prohibits indirect discrimination, which occurs when an employer has a policy or general practice that puts disabled people at a disadvantage. The law says that an employer must not adopt a policy or general practice unless it can show that it is a proportionate means of achieving a legitimate aim and there are no less discriminatory alternatives available. For example, an employer may have a rule that all staff must take their break in the breakroom and this puts a team member with mobility issues at a disadvantage because they cannot easily get to and from the breakroom during their allotted breaks.
An employer may not discriminate against an employee or job applicant because of their disability if they can show that the treatment was because of their disability. In addition, they must prove that the person who treated them knew they had a disability and that this was the reason why they were treating them badly. Indirect discrimination is more difficult to prove because the EEOC can only investigate complaints of direct discrimination and indirect discrimination where there is clear evidence that the person’s disability was a factor.
What are common examples of disability discrimination?
If a disabled person has a medical condition that causes them to miss work, they have the right to ask their employer for accommodation, such as using a laptop with assistive software or a keyboard with extra keys. Employers are required to make reasonable accommodations unless it would cause an undue hardship, such as requiring extensive structural changes to the workplace or costly equipment.
Discrimination on the grounds of disability law can also occur when employers provide unequal pay and benefits for disabled employees. For instance, an employer might give a non-disabled employee a bonus that they do not give to disabled employees, or they might offer health insurance that does not cover the cost of medication for an employee’s disability.
Disability discrimination can also be found in the prison and jail context. Disabled prisoners have the right to equal treatment and can claim compensation for discrimination in disciplinary proceedings, parole evaluations, and placement in segregation or solitary confinement. They can also claim compensation for discrimination in access to services and facilities, such as rehabilitation programmes, occupational therapy, and educational opportunities.
