Disability Discrimination: Examples, Laws and What You Can Do

Disability Discrimination: Examples, Laws and What You Can Do

What is Disability Discrimination?

Discrimination in any form is a horrific and unjust act that can lead to severe consequences. Treating a person badly for being different is, unfortunately, a common occurrence in today's world, and many people are treated unfairly due to things like the color of their skin or even if they are disabled. So, what is disability discrimination and how can we each do our part to ensure that we protect those who are disabled? Disability discrimination is defined as the unfair treatment towards a person who is disabled, not treating them as any non-disabled person would be treated. This treatment ranges in the way that it is instituted, differing from not being given a job due to your disability to physical and emotional abuse due to being different from the norm. Discrimination against the disabled can happen to anyone who has a physical, intellectual, mental or sensory disability and it can happen anywhere, from the workplace to instances of disability discrimination in schools. 

What Are Signs of Disability Discrimination?

You may be wondering what the signs are of disability discrimination and whether or not you are being discriminated against due to your disability. Disability discrimination involves any act whereby you are not offered the same opportunities as others due to your impediment. Along with this, any form of harassment or being shunned for speaking out about the issues you are facing is also considered to be discriminatory. Just because you have a disability does not mean that you should be treated any differently from others and the Americans with Disabilities Act has allowed for these kinds of actions to be recognised to ensure that a disabled person has the same rights as everyone else. 

What Are Examples of Disability Discrimination?

Unfortunately, one of the biggest forms of discrimination happens in the workplace, whereby a person who is disabled is not given the same opportunities as another. This could be something that happens as a once-off occurrence or it could be something that is continuous. A good example of this would be a disabled person not being given the same opportunities as others, like not being offered a job or even a promotion just because they have a disability. 

To look at whether you have ever been involved in an instance of discrimination, either against you or someone else, it may be helpful to look at a few disability discrimination examples. One of the ways that a person would not be given the same opportunities is when a business asks for a driver's license when no driving is actually involved in the job. It is much harder for a person with a disability to get a driver's license and this could impede them from getting a job or a promotion. Another example of how a workplace could discriminate against a disabled person is by not offering a disabled parking space. Very often, the disabled parking spaces nearest to the entrance are solely reserved for managers and owners of a business, leaving a disabled person with nowhere to park. 

How Do You Prove Disability Discrimination

If you feel that you have been discriminated against due to your disability, you will want to know the best course of action to take. In order to file a complaint of disability discrimination, you will need to have proof and evidence that the discrimination has occurred. When looking at how to prove disability discrimination, you can have evidence that can be physical or it can be text messages, emails or verbal, just as long as you have the evidence that you can prove that you were discriminated against. 

One of the best ways to obtain this information is through what is known as discovery. If you have been discriminated against due to your disability, your disability discrimination attorney will have to file a lawsuit against the guilty party. After you have filed this lawsuit, you will enter a part of the process known as discovery. During discovery, you will be able to ask your employer for information regarding the complaint and they are obligated to hand these records over. Whether it is company emails or even company regulations, all information will have to be provided to you. The Americans with Disabilities Act does provide you with the ability to take action against those who have discriminated against you but it is incredibly important that you have evidence to support your case! 

What Are The Details of The Disability Discrimination Act?

The Americans with Disabilities Act was established in 1990 as a civil rights law that prohibits discrimination against those with disabilities. This law covers a wide range of forms of discrimination including discrimination in the workplace, on public transport, communications and a host of other areas where discrimination commonly occurs. The following are the different titles included within this act. 

  • Title I (Employment): This title outlines the need for fair conditions in the workplace. This ensures that those who are disabled have equal rights to those who are non-disabled and ensures that accommodations be made in the workplace should a disabled person be hired. These accommodations include things like having wheelchair access and disabled parking spaces. This reduces disability discrimination in the workplace and is instituted largely by the Equal Employment Opportunity Commission. 

  • Title II (State and Local Government): Both local and state governments are required to ensure that people with disabilities are included in all activities and services offered by public institutions. 

  • Title III (Public Accommodations): Any public accommodation services are required to offer facilities to those with disabilities. This also does include privately owned public spaces like hotels, schools, gyms and anything else that is open for public access. 

  • Title IV (Telecommunications): This title is designed to ensure that those with disabilities are able to use telecommunication devices easily. Both telephone and internet companies are required to ensure that those who have disabilities relating to hearing or sight still have the opportunity to use the services that they provide. 

  • Title V (Miscellaneous Provisions): These are other inclusions within the act that relate to other areas of life. 

What Does The Disability Discrimination Act do?

The Disability Discrimination Act was formed to ensure that those with disabilities are given fair and equal rights. This act has been designed to cover a number of different areas to ensure that those with disabilities can function effectively and without harassment in all public places. Without it, things like transportation and workplace accommodations would not be required which will ultimately make the lives of those who are disabled much harder. When it comes to the rights of citizens, the law covers those with disabilities and ensures that they have access to the same opportunities and experiences as those who are non-disabled, which is incredibly important! There are many people who have certain disabilities that may require certain accommodations and ensuring that these accommodations are required makes them easier to implement! 

What is Classed as a Disability?

A disability is classed as a physical or cognitive impairment that will have a long-term effect on a person's life. If you are bringing a lawsuit against a corporation or individual who you believe has discriminated against you due to a disability, you will have to provide information on what your disability is and have a doctor sign off on this. There are a variety of different types of disabilities that are considered under the Americans with Disabilities Act to ensure that all who are disabled have the rights and privileges to be fairly treated. 

What Can You Do To Prevent Disability Discrimination?

You may be wondering how you can help to make a difference and ensure that disability discrimination does not happen in your home, school or even workplace. The Americans with Disabilities Act ensures that all accommodations that may need to be made for a person with a disability are clearly outlined in the law and following the requirements set out ensures that those who are disabled have the same opportunities as everyone else. If you are looking for ways to ensure that you prevent disability discrimination, be it in your workplace or even your home, be sure to follow the guidelines and regulations that are set out. 

Being disabled does not mean that a person is unable to live a full and satisfying life. All that anyone wants is to be treated with fairness and respect. Keeping this in mind when looking at how you treat those around you who are disabled will ensure that you are doing your part when it comes to reducing the amount of discrimination that those with disabilities have to face. 

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