What constitutes disability-related harassment?
Disability-related harassment occurs when an individual is subjected to unwelcome and harmful conduct that is related to their disability. This may include verbal or physical harassment, as well as jokes, name-calling, or other disparaging behavior. In Delaware, disability-related harassment is prohibited by Section 121 of the Delaware Code, which states that it is an unlawful employment practice to harass someone based on a disability. This applies to both employers and employees, as well as to employers who have contracted with individuals who have a disability. Additionally, disability-related harassment is considered a form of discrimination under the Delaware Fair Employment Practices Act. In order for an act to be considered disability-related harassment, it must be severe or pervasive enough to create an intimidating, hostile, or offensive work or educational environment, or to interfere unreasonably with an individual’s work or educational performance. Examples of disability-related harassment include making derogatory remarks about somebody’s disability, experiencing exclusion because of a disability, or making negative assumptions or assumptions about someone’s capabilities based on disability. All employers in Delaware must ensure that employees are aware of their rights and responsibilities under the disability laws and should take immediate action if disability-related harassment is occurring.
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