What is the difference between disability discrimination and unlawful harassment?

Disability discrimination and unlawful harassment are two different types of workplace behavior that can both be against the law in Virginia. Disability discrimination occurs when an employer treats an employee with a disability differently than an employee without a disability. For example, if an employer decides not to hire an applicant because of his disability, then that is discrimination. It is also illegal for an employer to give an employee with a disability harsher disciplinary measures or to pay them less because of their disability. Unlawful harassment is a form of workplace behavior that is based on race, color, national origin, sex, pregnancy, childbirth, or disability. Unlawful harassment occurs when an employee is subjected to unwelcome verbal or physical conduct that is based on any of the above-mentioned characteristics. For example, if an employer repeatedly makes offensive jokes or comments to an employee with a disability that they don’t make to employees without disabilities, then this would count as unlawful harassment. Additionally, if an employee with a disability is threatened with termination or disciplinary measures for not complying with an employer’s request that is based on their disability, then that would be considered unlawful harassment. In Virginia, the laws against disability discrimination and unlawful harassment are enforced by the U.S. Equal Employment Opportunity Commission and the Virginia Human Rights Act, respectively. To protect their rights, employees should report any incidents of discrimination or harassment that they experience to the appropriate government agency.

What is the difference between disability discrimination and unlawful harassment?

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