Harassment is illegal in the United States. Federal law doesn't care what kind of harassment takes place. If it happens, it’s unlawful. The Americans with Disabilities Act discusses the illegal conduct that constitutes disability discrimination. It also discusses illegal conduct known as retaliation, interference, coercion, and intimidation. Let’s get into the nitty gritty details.
No covered entity shall discriminate against a qualified person based on disability. This is concerning job application procedures, hiring employees, advancement in the workforce, discharge of employees, employee compensation, job training, terms, conditions, and privileges of employment.
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This discrimination can take on several forms. It is illegal for a company to limit, segregate, or classify a job applicant or employee in any way related to their disability that may adversely affect the employee. It is also illegal to do this if the employer’s actions may affect the person’s employment or application process. It is unlawful for an organization to participate in a contractual arrangement, or any other type of arrangement, that could subject a qualified applicant with a disability to discrimination.
This part of the law affects organizations like… an employment or referral agency… a labor union… an organization providing fringe benefits to an employee of the covered entity… or an organization providing training and apprenticeship programs. The law does not permit an employer to utilize standards, criteria, or administration methods that discriminate against a disability.
The law also says an employer can’t do this if it perpetuates the discrimination of others subjected to common administrative control. A company may not exclude or otherwise deny equal jobs or benefits to a qualified job candidate because of the individual’s association with someone that has a known disability. An employer needs to make reasonable accommodations for a person with a known physical or mental disability.
The law says that the only exception to this rule is when a covered entity can demonstrate that the accommodation would impose an undue hardship on the business’s operations. At the same time, a company cannot deny employment opportunities to a qualified job applicant or employee with a disability. The law says that this denial is illegal if it happened because of the individual's need for accommodation.
Title V discusses retaliation and coercion under miscellaneous provisions. First, no one can discriminate against someone because that someone opposed an action made illegal in the laws above. No one can take action because someone made a charge, testified, assisted, or participated in any way in an… Investigation… Proceeding… and Hearing. This means that it is illegal to retaliate against an employee that speaks up against abuse or harassment in the workplace. The law also says that any interference, coercion, or intimidation is illegal. Coercion, intimidation, threats, or any interference with an individual who exercises their rights is not allowed.
In a nutshell, harassment is any unwelcome conduct concerning a person’s… Race… Color… Religion… Sex, including sexual orientation, gender identity, and pregnancy status… National origin… Older age (beginning at the age of 40)... Disability… and Genetic information, including family medical history. The more you educate yourself about federal and state laws concerning workplace harassment, the better off you are to fight the hostility.
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