Combating Disability Discrimination and Harassment

For people with disabilities, navigating the world comes with many barriers, and those barriers are not just physical. Often, as a result of misunderstanding, assumptions, or prejudice, people with disabilities face discrimination and harassment.

What Does Being Ableist Mean?

By definition, ableism is “discrimination or prejudice against individuals with disabilities.” People may be intentionally ableist or unintentionally ableist. Ableism can come from assumptions, habits, or even designs that don’t consider the needs of everyone, often impacting access to education, the workforce, health care, housing, and other areas of everyday life.

What Is Disability‑Based Discrimination?

Disability‑based discrimination occurs when an individual is treated less favorably because of their disability. There are multiple types of disability discrimination, including:

• Direct discrimination: When someone is clearly treated poorly because of their disability. For example, if a restaurant refuses entry to a person with a service dog—even though the law requires them to allow it—that’s direct discrimination. It’s illegal to deny a service dog handler access to an establishment that is open to the public.
• Indirect discrimination: This happens when a policy or practice that appears neutral on the surface actually puts individuals with disabilities at a disadvantage. For instance, a company policy requiring all employees to work from 9 to 5 with no flexibility could indirectly discriminate against people with disabilities who may need alternative work hours to accommodate medical needs and appointments.
• Harassment: A specific form of discrimination that involves repeated or severe negative behavior, such as bullying, mocking, or intimidation, directly targeting someone because of their disability. An example might be mimicking the way a person with a speech impairment speaks.

Understanding Disability Rights

Laws protecting disabled people include:

• The Americans with Disabilities Act (ADA): the ADA is a civil rights law that prohibits discrimination against disabled people in all areas of public life, including jobs, transportation, and public and private entities that are open to the public.
• Section 504 of the Rehabilitation Act of 1973: Section 504 prohibits discrimination based on disability in programs and activities that receive federal financial assistance.
• The Individuals with Disabilities Education Act (IDEA): A federal law ensuring children with disabilities receive a free appropriate public education (FAPE), including special education and related services, from birth through high school graduation or age 21.

What Is Considered a Disability Under the ADA?

Under federal law, an individual is considered to have a disability—and is therefore protected by the ADA—if they meet any of the following criteria:

• They have a significant physical or mental impairment that restricts one or more major life activities.
• They have a history or record of such an impairment.
• They are regarded by others as having such an impairment.

People without disabilities, including caregivers and those who work closely with individuals with disabilities, are not protected by the ADA. Disability rights laws are designed to protect the rights of the disabled person themselves. A caregiver is not protected by the ADA unless the caregiver also has a disability.

How Do I Report Disability Harassment or Discrimination?

When it comes to reporting a violation of the ADA—such as the absence of a wheelchair ramp outside a building or disability harassment by a coworker—there are several ways to address the issue. For example, if a coworker makes a discriminatory remark, a disabled employee might choose to speak directly to that coworker or report the incident to a manager or Human Resources (HR).

In cases where a business is inaccessible, some individuals may contact the company’s corporate headquarters before filing a complaint with the Department of Justice, which enforces the ADA. If disability discrimination or harassment is severe and initial reports are unsuccessful, individuals can file complaints with external agencies, including:

• The U.S. Equal Employment Opportunity Commission (EEOC): Investigates complaints, attempts to resolve disputes, and can file lawsuits related to employment discrimination and harassment. A “charge of discrimination” typically must be filed within 180 days, or 300 days in some states.
• The U.S. Department of Justice (DOJ): Enforces the ADA in public accommodations and state and local government services. Complaints can be filed if discrimination occurs in these areas.
• The U.S. Department of Education, Office for Civil Rights (OCR): Addresses disability discrimination in educational settings, including public schools, colleges, and universities that receive federal financial assistance.
• State and local agencies: Many states and cities have their own anti‑discrimination laws and agencies, such as human rights commissions, which may offer protections similar to or broader than federal laws.
• Legal counsel: Consulting an attorney who specializes in disability law can provide personalized guidance, help explain available options, and offer representation if legal action is needed.

Fostering Inclusive Communities: A Collective Responsibility

Learning about disability is a powerful way to foster inclusion and combat disability discrimination and harassment. To learn more about disability rights, read the related articles below.