Disability Discrimination

Disability discrimination is prohibited in the Americans with Disabilities Act of 1990, and although it is against the law, many individuals still encounter disability discriminated at work.  It’s important that individuals know how to recognize disability discrimination and are familiar with the disability discrimination law.

What is Disability Discrimination?

There are different types of disability discrimination at work, but the general disability discrimination definition is when someone with a disability is treated differently than individuals who do not have a disability.  For instance, if an employer knows that you are disabled and asks questions regarding medications you’re taking for the purpose of making an employment-related decision – he or she is committing disability discrimination.  There are many different types.

Examples of Disability Discrimination

It’s important to know how to recognize disability discrimination, as it does happen often regardless of the ADA.  There are many different types of disability discrimination, including but not limited to:

  • Refusing a job to an individual with a disability or handicap, when the job could be performed with little change by the individual.
  • Treating individuals with disabilities differently than those without disabilities – whether in school, at work or at a public service facility.
  • Refusing to provide certain facilities for individuals with disabilities.
  • Asking personal questions of those with disabilities, such as questions regarding treatments or medications the individual may be taking.

Reporting Disability Discrimination

Individuals who have been discriminated against have the right to report it to the proper authorities according to the disability discrimination act.  There are certain steps to report disability discrimination depending upon what type it is and where it happens.

Work - When encountering disability discrimination in workplace environments, individuals should document everything that happened as well as the individuals involved.  The incident(s) should be reported to the supervisor immediately.  In cases where the supervisor is at fault, the next supervisor or person of authority should be notified.

School - When disability discrimination happens at school, the child or adult who is the victim should document the information and the individuals or instructors involved.  The incident should be reported to the dean, principal or other proper authority.

Individuals should read the policies set forth by companies and schools regarding disabilities and discrimination.

Filing a Disability Discrimination Lawsuit

Individuals have the right to file lawsuits against those who have committed disability discrimination.  The first step would be to discuss the incident with a disability discrimination lawyer.  These attorneys are knowledgeable of the disability laws and the ADA. They can help the victim determine whether they have a legitimate claim and what steps they should take next in order to protect themselves and seek justice for the pain they have suffered.