disability discrimination affect access to employment resources
Disability discrimination is a serious issue that affects individuals and communities across the country. It was the second most common type of complaint received by the EEOC in 2020 and it can have serious consequences for disabled people who are seeking employment or accessing work-related resources.
Direct discrimination occurs when someone treats you less favourably because of your disability. For example, if you are severely near-sighted and apply for a job as a commercial pilot, your employer may refuse to hire you because of your disability even though you have the skills, experience and aptitude required for the role. Indirect discrimination also occurs when an employer or other person fails to make reasonable adjustments to enable a disabled employee, job applicant or service user to have equal access to jobs, education, services and facilities. For example, an employer who cannot accommodate a wheelchair-user by installing an elevator would be in breach of the law. An employer is only able to refuse a request for a reasonable adjustment if it would cause undue hardship on the business and is not based on an arbitrary decision (such as the size of the business or the cost of the accommodation).
The Equality Act protects you against disability discrimination in relation to all aspects of your life, including at work, and in the way that public services are delivered. It applies to all organisations, employers and service providers whether private or not-for-profit. This includes charities, local authorities, universities and schools. It also covers all businesses that are open to the public, such as shops, restaurants and hotels.
How does disability discrimination affect access to employment resources?
It is against the law for a person to discriminate against you because of your disability, and it is also unlawful to harass you or treat you in a derogatory manner because of your disability. It is important to remember that it can be difficult to prove discrimination and harassment based on disability, but you should always keep evidence of any incidents that occur.
If you think you are the victim of disability lawyer toronto, the Commission can help you resolve your complaint by conciliation. Our role is to get both sides of the story and try to find a solution that works for everyone involved. You can also file a complaint with the EEOC or your state fair employment practices agency. EEOC has a section of its website dedicated to disability discrimination and it has useful resources that can help you understand the law.
The Americans with Disabilities Act has been amended over time to offer new protections and clarify existing ones. Several cases have been brought before the Supreme Court of the United States to resolve disagreements over its meaning and application. For example, Murphy v. United Parcel Service (1999) held that a person is not considered to be disabled if they can perform their job satisfactorily with the use of mitigating factors. Similarly, Sutton v. United Airlines (1999) found that two severely near-sighted applicants for commercial pilot jobs were not discriminated against because they did not have a disability as defined by the ADA and could perform their duties satisfactorily with the use of corrective lenses and medication.
