What constitutes disability-related harassment?

Disability-related harassment constitutes any type of unwanted behavior or speech directed toward an individual, based on their disability status. This can include verbal insults, name-calling, social exclusion, physical contact such as pushing, and other forms of intimidation. In Massachusetts, the Anti-Discrimination law states that it is unlawful for employers to discriminate against someone due to their physical or mental condition, and disability-related harassment is considered a form of discrimination. Under Massachusetts Anti-Discrimination Law, disability-related harassment is defined as making unwanted verbal or physical contact, or subjecting an employee to offensive comments about their disability, or using language or other behavior related to the employee’s disability that creates a hostile or intimidating work environment. When assessing whether a work environment is considered hostile or intimidating, the courts will look at factors such as the frequency of the harassment, the severity of the harassment, the context in which the harassment occurs, and the evidence of a pattern of harassment. If a work environment is determined to be hostile or intimidating, then it is considered disability-related harassment. Employers should take all steps to prevent disability-related harassment, such as adopting and enforcing anti-discrimination policies, providing regular anti-discrimination training for all employees, and conducting workplace investigations if harassment is reported. It is also important for employers to make their employees aware of the laws and resources available to them in case of any harassment.

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What constitutes disability-related harassment?

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