What is the difference between disability discrimination and unlawful harassment?
Disability discrimination and unlawful harassment are two separate and distinct concepts under North Dakota disability law. Disability discrimination occurs when an individual is treated adversely because of an actual or perceived disability. This includes receiving less favorable treatment than others who are similarly situated or restricted access to a good or service. On the other hand, unlawful harassment is a form of discrimination where an individual is subjected to unwelcome conduct that is related to a disability and creates a hostile work or educational environment. Unlawful harassment is more than just teasing or offhand comments. It can include making a derogatory comment or joke, taunting, intimidating, or verbal abuse directed at an individual because of a disability. When such conduct is pervasive, severe, and objectively offensive, it may constitute unlawful harassment. In North Dakota, employers are prohibited from discriminating against workers with disabilities and must take appropriate steps to prevent and respond to unlawful harassment in the workplace. If employers fail to take action, they can be held liable for any damages suffered by the victim. In conclusion, disability discrimination and unlawful harassment are two distinct concepts under North Dakota disability law. Disability discrimination occurs when an individual is treated adversely because of an actual or perceived disability, while unlawful harassment is a form of discrimination that results in a hostile work or educational environment. Employers in North Dakota have a legal duty to prevent and address instances of unlawful harassment and can be held liable if they fail to do so.
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