Disability Discrimination
Disability discrimination occurs when someone is treated differently because of a physical or mental impairment. The law protects people who have impairments including a physical, intellectual, emotional or psychiatric disorder; a chronic condition such as arthritis; a psychological disorder, such as depression; a neurological disorder, such as MS or ALS; a disfigurement (such as scarring from an accident); a learning disability; or a medical condition, such as HIV/AIDS.
The federal Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all public accommodations, such as restaurants, schools and museums. The ADA also prohibits discrimination in all state and local government activities. This includes police departments, public libraries and town meetings. State and local governments are covered by Title II of the ADA, which is administered by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC’s website has information about filing a disability discrimination complaint.
Federal employees are protected from discrimination on the basis of their disability by the Civil Service Reform Act (CSRA) and the Merit Systems Protection Board. CSRA rules promote fairness in personnel actions, promote equality of opportunities and ensure equal treatment of employees and applicants for federal jobs.
Can Disability Discrimination Occur in Government Agencies?
In addition, the ADA requires private and public organizations that receive federal funds, such as state and local government agencies, to make reasonable modifications (changes to the ways things are usually done) to their programs, services or facilities for people with disabilities. Unless doing so would create an undue hardship, these changes should be made to help a person with a disability apply for a job, perform the duties of a job or access programs and services.
This is called “reasonable accommodation.” Some examples of reasonable accommodations include installing an elevator, providing a sign language interpreter, or making other modifications to meet the needs of an individual with a disability. Title I of the ADA covers discrimination in employment. In the case of disability law, the ADA defines an individual as disabled if they have a physical or mental impairment that substantially limits one or more major life activities.
This definition is similar to the one used in the ADA, except that it also includes an impairment that has a fluctuating impact. For example, someone with rheumatoid arthritis may experience “substantial adverse effects” from the disease for weeks or even months, followed by periods of remission. Discrimination in the workplace can take many forms. A common form of disability discrimination involves isolation.
This can include being excluded from team-building events, office get-togethers and other social activities, or being assigned a workspace away from others due to a disability. It can also involve being denied a promotion or being passed over for a job because of a disability. Harassment can include being insulted or humiliated because of a disability, for example, being told jokes about having a mental illness. The ADA prohibits this kind of harassment, too. Other kinds of discrimination include being denied an education because of a disability or being turned down for insurance because of a pre-existing health condition, such as HIV/AIDS.
