disability discrimination
Discrimination can occur if you are a person with a disability and are treated less favourably because of your condition. This can include people who have physical or mental health conditions, sensory or cognitive impairments, learning disabilities and psychiatric disorders. Discrimination against a person with a disability can be direct or indirect. Direct discrimination happens when a rule, policy or practice puts disabled people at a disadvantage. It can also be indirect where a situation or circumstance indirectly causes a disabled person to be put at a disadvantage, such as having to use stairs rather than an elevator to access a building or service (AHRC, 2012).
Disabled harassment is a type of discrimination that occurs when someone behaves in a way that makes you feel offended, humiliated or distressed because of your disability. Harassment can include off-hand comments, derogatory jokes and persistent demeaning behavior. It is illegal to harass a person with a disability and you have a right to complain. Harassment because of your disability can be very distressing and is not tolerated in the workplace. It can cause you to be offended, embarrassed or depressed, which can affect your work and personal life. It is important to record incidents of disability-related harassment because it can help prove your case.
If you are working in the healthcare sector, it is possible that you may be subjected to disability discrimination at some point in your career. The ADA prohibits discrimination against employees or applicants with disabilities in all employment-related programs and activities of state and local governments and of entities receiving federal financial assistance. This applies to hospitals, clinics and other medical facilities.
Can disability discrimination occur in the healthcare sector?
There are certain requirements that can be imposed on you as an employee, for example medical tests or a fitness to work assessment. However, if these are part of the job and there is a reasonable business reason for them, then it will not be discrimination. For example, an employer might ask a person with a back injury to complete a fitness to work test in order to check whether they can safely perform the job.
The ADA prevents discrimination against a person with a disability in services and facilities that are open to the public. This includes services such as shops, banks, restaurants, pubs, doctors, hospitals, schools, advice agencies and transport. It does not matter whether the service is free or has to be paid for.
If you think that you have experienced disability harassment at workplace, you can contact the Commission to make a complaint. The Commission can investigate your complaint and try to resolve it through conciliation. They will contact the person or organisation you have complained against and get both sides of the story. If you are successful in making your claim, the person or organisation will be legally required to make reasonable adjustments. The adjustment must be a significant change that would not cause undue hardship to the business. For example, an employer might be required to provide information on audiotape as well as in writing or to install a ramp for wheelchair users to access a building.