What is the difference between disability discrimination and unlawful harassment?
The primary difference between disability discrimination and unlawful harassment is that disability discrimination is based on an individual’s disability, while unlawful harassment is based on an individual’s perceived or actual characteristics. Under Idaho disability law, disability discrimination occurs when a person is treated less favorably than another person in a similar situation because of their disability. This includes exclusion from activities, unequal access to programs or services, or denial of the same opportunities that someone without a disability may be able to access. Unlawful harassment is different from disability discrimination because it is based on an individual’s characteristics, rather than their disability. Unlawful harassment is defined as a pattern of behavior or comments that are made because of an individual’s race, gender, religion, national origin, disability, age, or sexual orientation. It is important to note that disability harassment can occur even if the individual is not disabled. For example, if someone is harassed because they are assumed to have a disability, even though they do not, this would still be considered unlawful harassment. The primary difference between disability discrimination and unlawful harassment is the basis on which the treatment or comments are made. It is important to be aware of your rights in both of these situations, as both constitute illegal behavior in Idaho.
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