What constitutes disability-related harassment?

Disability-related harassment is any offensive conduct that is based on an individual’s disability. In New Mexico, under the Americans with Disabilities Act (ADA), disability-related harassment is considered a form of discrimination. To be considered unlawful, the harassing behavior must be severe or pervasive enough to create a hostile work or educational environment. Examples of disability-related harassment can include offensive jokes, insults, slurs, or other offensive comments about an individual’s disability. It can also include intimidation, bullying, name-calling, or any other conduct that creates a hostile work or educational environment that is based on an individual’s disability. In addition, it may include structures, policies, or practices that treat individuals with disabilities differently or unfavorable than those without disabilities. In New Mexico, employers, schools, and other entities must take steps to prevent and stop disability-related harassment. Employers, schools, and other entities must ensure that employees, students, and other individuals affected by disability-related harassment have a complaint process to file a complaint in a safe and secure environment. Moreover, all claims should be taken seriously, investigated promptly, and appropriate action should be taken to resolve the issue. In New Mexico, failure to take appropriate action to prevent and stop disability-related harassment can result in legal action, including fines and penalties.

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What constitutes disability-related harassment?

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