Dealing with Disability Harassment in the Workplace

It is against the law to harass an individual if they are disabled, had a disability or is believed to have a disability. Bullying, nicknames, inappropriate questions, and unwanted jokes are all forms of disability harassment.  However, the unfortunate reality is that disability harassment can and does occur. If you find yourself in such a situation, it's crucial to know your rights and understand the steps you can take to address the issue effectively.

Understand Disability Harassment

Disability harassment involves unwanted behavior directed at an employee because of their disability. This behavior can manifest in various forms, including derogatory comments, offensive jokes, exclusion from workplace activities, or even bullying. Under both federal law (Americans with Disabilities Act, or ADA) and Pennsylvania state law, individuals are protected from discrimination based on their disabilities.

Unacceptable disability harassment at work could look like:

• Verbal harassment such as teasing, jokes, or slurs based on your disability

• Intrusive comments or questions about your disability at work

• Singling you out for different treatment based on your disability

• Failing by management to stop harassing behavior once it’s reported

• Forcing you into positions that aggravate your disability

• Repeatedly making assumptions about your capabilities

Does disability harassment have to come from your supervisor?

No. Harassment can also come from another supervisor, a co-worker, or someone who is not an employee, such as a customer or vendor.

When does harassment become actionable?

The behavior must be sufficiently severe or pervasive to change the terms and conditions of your employment, as not all offensive behavior rises to the level of legally recognized harassment. The behavior must create a work environment that most other people would find to be intimidating, hostile or offensive.

Case example:

Company president called new employee a “cripple” and when she objected to the use of the word, a “hysterical basket case.”

Case example:

Manager told employee with a developmental disability to “shut up,” called her names, slapped her in the face, barked at her like a dog, and threatened violence.

Case example:

Your co-worker repeatedly make snide comments about your wheelchair taking up “too much space”.

Case example:

Your co-workers making jokes and sharing disparaging material via text, conversation or photos centered around your disability.

There must be a basis for your employer to be legally responsible. Your employer can become legally responsible if (1) you report the harassment, or your employer is or should otherwise be aware of the harassment, but your employer fails to take steps to try to stop it from happening again; or (2) the harassment comes from a supervisor and results in a negative change in your job.

Step 1: Document Everything

The first step you should take if you are experiencing disability harassment is to keep a detailed record of all incidents. This should include:

• Dates and times of the incidents

• The names of individuals involved (including witnesses)

• What was said or done, including the context of the interactions

• Retain any correspondence (emails, texts) that may be relevant

When it’s possible, record harassment on your mobile phone.  There is no expectation of privacy in the workplace.  Your recordation of these incidents likely does not violate any law regarding impermissible recordings of conversations.  First check your employee handbook to ensure that your employer does not have a policy against this.

Documentation can be invaluable in substantiating your claims later on.

Step 2: Review Company Policies

Familiarize yourself with your employer's policies regarding harassment and discrimination. Most companies have procedures for reporting such misconduct. Review your employee handbook or code of conduct, as these documents often provide guidelines on how to report harassment or seek assistance from Human Resources (HR).

Step 3: Inform the Harasser

Inform the harasser in writing that their behavior is unwelcome. If you would prefer to have the conversation in person or by phone, that is okay, but be sure to document that the conversation took place.

Step 4: Report the Harassment

Once you've documented the incidents and reviewed company policies, it's time to take action. Report the harassment to your HR department or a designated official within your organization. Be specific about what you've experienced and provide the documentation you've compiled.  After your discussion, we highly recommend documenting the conversation in an email to ensure everyone is on the same page regarding the accommodations discussed.

It's crucial to follow up to ensure that your report has been received and is being addressed. Depending on the severity of the situation, you may need to escalate your complaint to higher management or seek out a specific HR representative.

Step 5: Consider Seeking External Help

If your employer fails to take appropriate action after your report, or if you feel uncomfortable reporting the issue internally, you may want to seek help from external agencies. In Pennsylvania, you have the option to file a complaint with the Pennsylvania Human Relations Commission (PHRC) or the Equal Employment Opportunity Commission (EEOC). These agencies investigate discrimination claims and can help mediate disputes.

Step 6: Take Care of Yourself

Experiencing harassment at work can take a toll on your mental and emotional well-being. Make sure to seek support from trusted friends, family, or professional counselors. Taking care of your mental health during this challenging time is just as important as addressing the harassment itself.

Take Action!  Consult an Attorney

No one should have to endure harassment in the workplace, especially based on a disability. Your company has a legal duty to protect its employees from disability harassment. When your employer allows a hostile work environment to continue unopposed, they must answer to the law. Many people are afraid to bring up complaints of discrimination because of the threat of retaliation by their employers. But retaliation is illegal – you have the right to protect yourself.

A knowledgeable employment discrimination lawyer can help you navigate the legal process of filing a claim or lawsuit. The attorneys at Fiffik Law Group have helped protect employees’ rights for years. We know what you’re going through. Call our employment lawyers now at (412) 391-1014 or use our online contact form.