Disability discrimination: what is it?

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The Americans with Disabilities Act (ADA) of 1990 protects disabled people from mistreatment in the workplace and public spaces. Discrimination can occur through assumptions about what a disabled person can do, subtle actions such as passing over for promotion, or failing to provide reasonable accommodations. It is illegal to discriminate against disabled candidates during job search, training, or redundancy. Refusal to make reasonable accommodations on public property is also punishable by law.

Disability discrimination occurs when a disabled person is treated poorly because of their disability. The Americans with Disabilities Act (ADA) of 1990 is a US law against the mistreatment of disabled people who have a physical or mental disability that prevents them from performing certain activities. Although many disability discrimination lawsuits deal with workplace discrimination, the laws protect employees and the general public. A common discriminatory action is making decisions based on assumptions of what a disabled person can do, although even classic mistreatment as a result of a disability is still a problem in 2011. Also failing to find reasonable accommodations for disabled people on property public is also a form of this illegal practice.

Employers face legal repercussions for discriminating against current employees, but the laws don’t stop there. Disabled candidates cannot be discriminated against while trying to find a job, during training or after being made redundant. Disability discrimination often refers to blatant mistreatment, but it can also occur in more subtle ways, such as when a skilled but disabled employee is passed over for a promotion or raise. Offering a lower salary or benefits is also a form of discrimination against employees with disabilities, unless there is a legitimate reason for doing so. Additionally, retaliating against an employee for reporting discrimination is also against the law.

When it comes to the general public, some people know enough to avoid blatantly harassing disabled people, but can still offend them by continuing to rely on stereotypes. Making a decision based on assumptions about what a disabled person can and cannot do is illegal. For example, some employers may think they are being practical or even sensitive to their employees with disabilities by excluding them from certain work events or tasks, but this is discrimination. The same can happen with disabled students in school, causing the disabled person to feel isolated or left behind.

The refusal to make reasonable accommodations on public property for disabled persons is also disability discrimination. If a person’s life can be made a little easier with one simple change, that change is expected to be made. Some common examples of reasonable accommodations include installing a ramp to allow for the use of a wheelchair, providing subtitles or Braille for the hearing impaired or blind, and adding at least one larger cubicle to a public restroom so that a wheelchair can fit inside. Refusing to do so is considered disability discrimination and is punishable by law.




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