disability discrimination

Disability discrimination can take many forms. It can be overt, such as when a person with a physical or mental impairment isn’t hired despite having the qualifications and skills for the job. It can also be subtle, such as when a company refuses to make reasonable adjustments that would allow a worker with a disability to do their job more comfortably.

Under the Equality Act, it is illegal for employers and public bodies to treat people with disability discrimination less favourably than others, unless they can prove that their response is a ‘proportionate means of achieving a legitimate aim’. Examples of this could include the use of a ‘three strikes’ policy to exclude pupils from school who repeatedly break rules, if the school can’t justify their response as being a proportionate way of ensuring pupil safety.

The Americans with Disabilities Act requires employers to provide reasonable accommodations to employees with disabilities, unless the accommodation would create an undue hardship for the business. This can include things like providing sign language interpreters, flexible working hours or a quiet workspace. It can also include allowing the use of assistive technology in exams and training sessions.

Can disability discrimination be subtle?

Discrimination can be more subtle than this, such as when a workplace or organisation makes an unfavourable decision because of someone’s disability, even though they have the same qualifications and experience as other candidates. It can also be indirect discrimination when an organisation places a person at a disadvantage because of their disability, for example by refusing to allow them to bring in their service animal, or when they require people to be able to stand all day when the job could be done just as well seated.

It is also unlawful to harass a person because of their disability law, and this can include making offensive comments or jokes about them. If you feel that you are the victim of disability discrimination, it is a good idea to speak to a Boise attorney about your situation.

There are many ways to prevent disability discrimination, and most of them don’t cost much at all. For example, ensuring that all your staff understands the law, including what is and isn’t acceptable, can help to deter discrimination from happening in the first place.

You can also reduce your risk of disability discrimination by having a written policy on this subject, and by encouraging all your leaders to read it and abide by it. You can find a template for this on the SHRM website, and there are plenty of other helpful resources available to you as well. You can also read our guide to equality laws for more information about how to keep your business inclusive. You can also contact us if you have questions or concerns about disability discrimination. We are here to help! – The Equality Trust. You can report a problem to us using our online form. We will get back to you as quickly as we can, usually within a few days.