What is the difference between disability discrimination and unlawful harassment?

Disability discrimination and unlawful harassment are two separate types of treatment that are related, yet distinct according to Massachusetts state law. Disability discrimination includes any action that unreasonably limits opportunities for individuals with disabilities. This includes failure to make necessary adjustments or provide reasonable accommodations which are essential for a person with a disability to properly participate in activities or access services. Unlawful harassment, on the other hand, is any unwelcome, verbal or physical conduct that is based on an individual’s disability and is so severe or pervasive that it creates a hostile or offensive workplace environment. Examples of disability discrimination include failure to hire a qualified applicant with a disability because of their disability, or denying a promotion to an employee with a disability because their disability makes it difficult for them to perform certain tasks. Unlawful harassment can occur in the same workplace, and includes comments or jokes about a disability, teasing an individual based on their disability, or physical threats or gestures. It is important to remember that discrimination is when an individual is treated differently solely because of their disability, while harassment is when unwelcome comments or conduct are being made based on the individual’s disability. While both are not acceptable according to Massachusetts law, it is important to recognize the distinction between the two.

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