10 Quick Facts: Disability Discrimination

Summary

This video provides 10 essential facts about disability discrimination laws. It covers the broad legal definition of disability, the prohibition of harassment or unfair treatment based on disability or association with someone disabled, and the importance of reasonable accommodations in the workplace and businesses. The process of requesting accommodations is outlined, emphasizing the interactive process and the need for good faith communication. The video also highlights the role of the Human Rights Bureau in enforcing these laws and offers contact information for further inquiries. It's a concise guide to understanding rights and responsibilities surrounding disability discrimination.

Takeaways

• 😀 The legal definition of disability is broad, covering medical conditions, a history of impairment, and the perception of disability.
• 😀 Discrimination or harassment based on someone's disability is prohibited by law.
• 😀 You cannot discriminate against or harass someone due to their association with a person with a disability.
• 😀 Retaliation for filing a complaint about disability discrimination is illegal.
• 😀 Employers, government offices, and businesses must provide reasonable accommodations for people with disabilities unless it causes undue burden or fundamentally alters business operations.
• 😀 A request for accommodation does not require using the words 'disability' or 'accommodation'; describing a medical condition and its impact is sufficient.
• 😀 When a disability accommodation request is made, the interactive process begins, involving dialogue to find a suitable solution.
• 😀 The purpose of the interactive process is to understand the individual’s needs and determine if the accommodation is reasonable or poses an undue burden.
• 😀 The interactive process varies from case to case and can involve simple conversations or multiple meetings with documentation review.
• 😀 The Montana Human Rights Bureau enforces discrimination laws and offers resources for those in need of assistance.

Q & A

What is the legal definition of disability?

The legal definition of disability is broad and includes a medical condition that limits a life activity or body system, a record of an impairment, or a perception that one is disabled.

Can someone be treated unfairly because of their disability?

No, it is illegal to treat someone less favorably or harass them because of their disability.

Can discrimination occur because of a person's association with someone who has a disability?

Yes, it is also illegal to treat someone unfairly or harass them because of their relationship or association with someone who has a disability.

What is retaliation in the context of disability discrimination?

Retaliation refers to punishing someone for complaining that they or others are being treated unfairly due to a disability. This is also illegal.

What accommodations are required for individuals with disabilities?

Employers, government offices, and businesses are required to provide reasonable accommodations for employees and customers with disabilities, unless the accommodation would cause an undue burden or fundamentally alter the way business is done.

Does someone with a disability have to explicitly use the words 'disability' or 'accommodation' to request an accommodation?

No, a person does not have to use those specific terms. They can simply mention a medical condition and describe how it creates a barrier that needs to be addressed.

What is the interactive process when requesting an accommodation?

The interactive process is a dialogue between the person with a disability and the employer or service provider to determine possible accommodations that would help overcome barriers experienced at work or in accessing services.

Why is good faith participation important in the interactive process?

Good faith participation from both sides ensures that the process is collaborative and leads to a reasonable solution. It is also important for defending against discrimination complaints.

Can the interactive process look different each time it is used?

Yes, the interactive process can vary depending on the unique needs of the person with a disability. Some interactions may be brief, while others may require multiple meetings or review of documents.

What role does the Human Rights Bureau play in Montana in relation to disability discrimination?

The Human Rights Bureau is the state agency responsible for enforcing discrimination laws in Montana. They are available as a resource for individuals with questions or complaints about discrimination.