Disability Discrimination vs. Harassment: What’s the Difference?

Employees with disabilities have laws which the federal and state had laid down to protect them. Basing it off the Americans with Disabilities Act (ADA). Paired with the Alabama Disability Act, employees are granted more protection within the workplace. Though, these two are often interchanged and can be confusing to differentiate when you are undergoing the situation itself.

What Is Disability Discrimination?

Disability discrimination is unfair treatment because of a disability. This can include:

• Prevention from career advancement

• Unequal pay or benefits compared to colleagues

• Denial of reasonable accommodations that would enable the employee to perform their job

• Termination or demotion based on disability

The ADA and Alabama state law protects employees from being discriminated against or harassed. Since some employers may do so towards individuals who have physical or mental disabilities but are still capable of doing their job. Thus, employers are to provide reasonable accommodations unless that creates more issues or leads to undue hardship.

What Is Disability Harassment?

The unwelcome conduct related to an individual’s disability is the main definition of disability harassment. Anything that leads to a hostile or intimidating workplace falls under this category. Some examples are:

• Derogatory jokes directed to the disability

• Veiled threats

• Exclusion from work activities because of a disability

• Not taking seriously on the need for accommodation

Actions that affect the conditions of employment such as certain terms being altered fall into the harassment category. Though still a stressful situation to be in, discrimination does not create a hostile work environment. Mainly involving unfair treatment or your benefits being revoked.

Key Differences to Keep in Mind

Unfair or unequal treatment occurs at the workplace when you are rejected career growth. This instance can be considered as your disability being used against you. Whereas hostility or intimidating behavior falls under harassment. 

How a Disability Lawyer in Birmingham, Alabama Can Help

A disability lawyer in Birmingham, Alabama can assist by:

• Ensure policies at work comply with the ADA and state law

• Determining the workplace environment is discriminatory or harassment

• Providing legal advise

• Representing employees in administrative complaints or lawsuits

• Coming up with negotiations to settle matters

Steps to Take if You Suspect Disability Discrimination or Harassment

1. Document everything – Keep any and all forms of evidence with timestamps and records of communication.

2. Report internally – Notify your HR department or supervisor according to company policy.

3. Seek legal advice – Contact a disability lawyer in Birmingham, Alabama as soon as possible.

4. File a complaint – Complaints can be filed with the Equal Employment Opportunity Commission (EEOC) or the Alabama Department of Labor.

Frequently Asked Questions About Disability Discrimination and Harassment in Alabama

1. What is the time limit for filing a disability discrimination claim?  Employees have 180 days from the date of the alleged discrimination to file to the EEOC.

2. What counts as a reasonable accommodation? Employers should provide reasonable accommodations to disabled employees. The only other instance is if these requests incur undue hardship.

3. How do I know if workplace conduct qualifies as harassment? Severe or pervasive harassment is actionable. A disability lawyer in Birmingham, Alabama comes into the picture in determining the legal standard.

4. Can I report disability discrimination or harassment without losing my job? Federal and state laws protect employees who report discrimination and harassment without the fear of losing their jobs. 

5. What should I do first if I experience discrimination or harassment? Prepare necessary documents to back up your experience as evidence is important to have for the court to review. Notify HR and also contact a disability lawyer in Birmingham, Alabama to know what you can do with your situation.

Take Action to Protect Your Rights

Disability discrimination and harassment pose a threat to your well-being which inadvertently negatively affects your morale in the workplace. This not only affects your career but also towards your mental health. Don’t sit around and suffer with it. Instead, seek legal support by contacting a disability lawyer in Birmingham, Alabama. 

Contact Spellen Law

It can be disheartening to experience disability discrimination and harassment especially in an environment for work. Reaching out to Spellen Law will help you to have the support you need in maneuvering through the federal law in Alabama. An experienced disability lawyer in Birmingham, Alabama will explain to you what you can do to protect your rights.