What is the difference between disability discrimination and unlawful harassment?

The main difference between disability discrimination and unlawful harassment is that disability discrimination is regulated by federal disability law, while unlawful harassment is not. Disability discrimination is when a person is treated unfairly or poorly based on the person’s disability. This type of discrimination is regulated by federal disability law, such as the Americans with Disabilities Act (ADA), which prohibits discrimination in areas such as public accommodations, employment, and government services. Unlawful harassment is when someone is subjected to behavior or conduct that is severe or pervasive enough to create a hostile or intimidating environment. This type of harassment is not protected under federal disability law, but can be regulated by other state and local laws, such as the Alaska Human Rights Law. Examples of unlawful harassment can include offensive comments, physical or verbal threats, and ridicule based on a person’s disability. To be illegal, unlawful harassment must be considered "severe or pervasive." A single, isolated incident, or a few slight insults, generally will not be considered severe or pervasive enough to be considered illegal. However, the more severe or pervasive the behavior, the greater the liability for the person or organization responsible for the harassment. In summary, disability discrimination is prohibited by federal disability law and treats a person unfairly based on their disability. Unlawful harassment is not protected by federal disability law, but can be regulated by other state and local laws, and creates a hostile or intimidating environment.

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