ABSTRACT

Employers and co-workers can, at times, engage in actions and/or words that can be illegal. Offensive remarks about a person’s disability as is the case with all other forms of harassment, is harassment and is a part of violence in the workplace. The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. It is illegal to harass an applicant or employee because of a current disability or a past disability. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The effect of these changes is to make it easier for an individual seeking protection under the Americans with Disabilities Act (ADA) to establish that he or she has a disability within the meaning of the ADA.