Disability Discrimination

Disability discrimination occurs when an employer treats an employee or applicant unfavorably because of their disability, history of disability, or perceived disability.

Forms of discrimination: - Refusing to hire because of disability - Terminating because of disability - Paying less or providing fewer benefits - Denying reasonable accommodations - Harassment based on disability - Retaliation for requesting accommodations

What's protected: - People with disabilities - People with a history of disability (e.g., cancer survivors) - People perceived as having a disability (even if they don't) - People associated with someone with a disability

To prove discrimination, you generally must show: - You have a disability (or record of, or were perceived as having one) - You are qualified for the position - You suffered an adverse employment action - The disability was a motivating factor

Both intentional discrimination and policies with discriminatory effects can be illegal.