Harassment of Disabled Employees in the Workplace

The Americans With Disabilities Act or ADA provides important protections for disabled workers. When we think of discrimination, we often think of actual discrimination, brought on by the disabled employee’s supervisors or employer. But people with disabilities also often face harassment as well as discrimination.

Defining Discrimination vs Harassment

Discrimination tends to mean that someone (in this case, a handicapped employee), is being treated differently than other employees at work. Perhaps the disabled employee doesn’t get hired, or doesn’t get a promotion or is punished or disciplined differently than other non-disabled employees.

But harassment is different–harassment can often be “just words,” although that phrase minimizes the harm that even words can cause. Teasing, mocking, joking, or insulting, are forms of harassment.

Just as employers have an obligation to accommodate disabled persons in the workplace–they also have to ensure that disabled employees are not being insulted or harassed at work.

Harassment and Discrimination Together

Words, and insults, especially when spoken by supervisors or management, can often couple with and help to prove discriminatory employment practices.

For example, when a supervisor says something like, “if you’re not healthy enough to work here maybe you should be somewhere else,” that’s insulting–but it’s also a sign that your employer might be discriminating against you. When you’re later disciplined for supposedly being late or for doing something wrong, a comment like that can indicate the real reason you are being disciplined–your disability.

Isolation of Disabled Workers

Even isolation can be a form of harassment against the disabled. If a disabled employee is left out of, say, employee training or employee workshops or career development programs of technology training workshops, all of these can be a sign of harassment and discrimination on the basis of disability.

Even being left out of workplace-sponsored social events can be seen as harassment.

Hostile Work Environment

Comments and insults about disability can also lead to hostile work environment claims. A hostile work environment is when a workplace is so toxic, so filled with insults and comments, that the worker–in this case, a disabled worker–feels like the entire workplace has been poisoned.

Many employers, ironically, know better than to allow degrading comments about gender, or race, to happen in the workplace. And yet, they will often just laugh off comments people make about disability, comments that can create a hostile work environment.

Employers may allow others to make fun of a disabled employee’s speech impediment or limp, or to use words like “lazy” or “privileged” when talking of accommodations that the disabled employee needs and is legally entitled to, to do his or her job.

Many employees or supervisors who are caught making these insults will say that they were “just joking,” and that they had no idea the disabled employee was uncomfortable. But that doesn’t matter; the harassment still can lead to a hostile work environment claim.

Contact the San Jose employment attorneys at the Costanzo Law Firm today.

Source:

eeoc.gov/youth/disability-discrimination