What constitutes disability-related harassment?

In Texas, disability-related harassment is considered any unwelcome conduct based on an individual’s disability that creates an intimidating, hostile or offensive working environment or interferes with their work performance. This conduct can take many forms, such as verbal abuse, exclusion from activities or events, physical assaults, name-calling, graffiti, or other harmful behavior. The key to consider is whether the conduct is based on disability and is unwelcome. Harassment can include a wide range of behaviors, including comments, jokes, threats, gestures, pranks, or any type of hostile actions or language related to a person’s disability. If the behavior is severe or pervasive enough that it creates an intimidating, hostile or offensive working environment, or interferes with an individual’s work performance, then it can be considered harassment. It is important to note that the focus should be on any action or conduct related to an individual’s disability, not the individual themselves. For example, teasing an employee with a disability because of the way they walk would not necessarily be considered harassment. However, teasing an employee because of their disability-related medical equipment or physical impairments would be considered harassment. It is also important to remember that disability-related harassment is illegal in Texas, and it is the responsibility of employers and supervisors to create a safe and comfortable environment for all employees. If any individual believes they are a victim of disability-related harassment, they should contact the Equal Employment Opportunity Commission (EEOC) to file a complaint.

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What constitutes disability-related harassment?

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