What constitutes disability-related harassment?
Disability-related harassment is any unwelcome behavior which targets a person with a disability, either directly or indirectly, and is related to their disability. This type of harassment can be physical, verbal, or nonverbal. Physical harassment includes, but isn’t limited to, any physical contact that is meant to cause pain, offense, or humiliation, and is related to an individual’s disability. For example, pushing or shoving someone with a disability in order to humiliate or cause pain. Verbal harassment involves any verbal or written expression that is used in an effort to belittle, shame, or damage someone’s reputation because of their disability. An example of this could be making fun of someone’s speech impediment due to their disability. Nonverbal harassment includes any nonverbal communication which is meant to degrade or marginalize someone due to their disability. An example of this could be making a derogatory hand gesture which is aimed at an individual with a disability. In Colorado, employers are required to abide by Title I of the Americans with Disabilities Act (ADA) and the Colorado Anti-Discrimination Act, which prohibit disability-related harassment. Employers must make sure that their work environment is free from any form of disability-related harassment. Employees who experience or witness harassment related to an individual’s disability should report it to a supervisor, manager, or the human resources department.
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