Disability Discrimination

Disability discrimination isn’t just a workplace issue; it can also impact people in their private lives. Many people with disabilities struggle to cope with discrimination in everyday life, and it can take a long time for them to find the courage to report it.

It’s important to understand the most common signs of disability discrimination, so you can protect yourself from it. Discrimination can take many forms, from ignoring your requests for accommodation to excluding you from activities or events because of your disability. It can even be unintentional – for example, an employer might not realise that their actions are discriminatory.

The Disability Discrimination Act prohibits a wide range of types of discrimination based on disability. Generally, to be protected under the act, your condition must be severe enough to have a substantial adverse effect on your ability to carry out a major life activity. This includes physical or mental impairments, as well as having a history of a disability.

Disability Discrimination – Can it Be Unintentional?

However, this definition can be quite vague. For example, it’s possible to be classed as disabled if you have a condition that “has an adverse effect on your daily functioning,” but this may not necessarily mean that it affects you in a way that is “substantial.” In these situations, the courts will look at mitigating factors. For example, in Murphy v. United Parcel Service (1999), the Court decided that a person with severe nearsightedness did not have an impairment that “substantially limits” their major life activities if they could manage them by using medication or glasses.

If you feel that you are being discriminated against, the first step is to talk to your employer. Explain the situation and ask for a reasonable accommodation. If your request is denied, you should contact your employer’s HR department to get further information about the law. You can also file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state fair employment practices agency.

Alternatively, you can contact the Commission’s conciliation service. The Commission can investigate your complaint and try to resolve it through conciliation with the respondent. The Commission is not a judge and it cannot determine whether your complaint is successful, but it can gather the facts and help you resolve the issue.

Indirect disability law discrimination occurs when a person or organisation’s behaviour, policies, or procedures have a disproportionate impact on a disabled person and this is not justified by a business or practical reason. This type of discrimination can be unintentional and usually arises when an employer does not consider the needs of a disabled employee or they do not understand the law on disability discrimination.

This can include a lack of awareness that people with disabilities have different needs and preferences. It can also be caused by an assumption that people with disabilities are less capable or committed to their work than non-disabled people, which is not true. It is also unlawful to victimise someone for making a complaint or supporting someone else’s disability discrimination claim.