disability discrimination
Discrimination can occur when a person is treated less favourably than another because of their disability. This can include being refused a job, being excluded from an activity or being harassed at work. In general, people with disabilities have a range of rights in different areas of life. However, discrimination can still take place even if the person with a disability does not expect it to. For example, if an employer makes a negative comment about someone with a mental health condition, this could be discrimination.
In the workplace, the Equality Act 2010 covers a number of areas where people can be protected against disability discrimination and harassment. It includes the right to reasonable adjustments, which are changes to the way things are done that remove a disadvantage caused by a disability. However, an employer can only refuse to make a reasonable adjustment if it would impose undue hardship on the business. This is a complex test that looks at a variety of factors, including the costs, effort and disruption that would be required.
Outside of the workplace, it is illegal for businesses that are open to the public, such as shops, restaurants and hospitals, to discriminate against people with disabilities. It is also illegal to exclude people with disabilities from activities that are normally open to the public, such as sports events or visits to museums and parks. This type of discrimination can take many forms, such as a gym refusing to allow you to use a wheelchair in their classes or a restaurant failing to provide disabled toilets.
What is disability discrimination?
The Americans with Disabilities Act (ADA) is a set of Federal civil rights laws that protects people with disabilities. This law covers employment, State and local government agencies, public accommodations, commercial facilities, transportation and telecommunications.
To qualify as a disability law under the ADA, you must have a physical or mental impairment that substantially limits your ability to do something major in the way you usually do it. This can include things like a chronic illness, learning difficulty or a psychological condition. It can also include a medically-confirmed neurological disorder, such as multiple sclerosis or muscular dystrophy.
You can file a complaint with the Equal Employment Opportunity Commission if you have suffered discrimination in the workplace. If you live in New York State or City, you can file a complaint with your local Human Rights Commission instead. These organisations can investigate your case and try to resolve it by conciliation. You can also choose to sue in court if you are not satisfied with the outcome of your complaint.
It is important to get professional advice if you think you have been the victim of disability discrimination. You can find out more about the services that are available by visiting our Disability discrimination advice page. You can also contact our helpline on 0345 30 22 88. We can provide information and guidance on disability discrimination as well as support with putting together complaints.