Ableism

Disability Discrimination

Disability discrimination has a long-standing history of being aimed at those with limited physical, mental and emotional, and social characteristics. In the United States, it has led to social exclusion and isolation, criminal and medical incarceration, and in extreme situations unjust medical experimentation, and euthanasia. Disability discrimination can be overt or covert; it can be subtle and unrecognizable or manifest in not-so-subtle discrimination. Although the eugenics movement in the 1880s was one example of how this prejudice led to forcible sterilizations, that cycle has continued up to the present with the same actions taken toward those of less than desired physical, mental, emotional, and social characteristics. Ableism is reflected in individual actions toward others and is both collectively maintained and acknowledged through social policy, legislation, and the mores of the culture and subcultures so as to intersect with other conditions and/or identities (e.g., physical ability, race, ethnicity, gender and sexual identity, country of origin).

Disability discrimination occurs when a person is treated differentially or put at a disadvantage for a reason that relates to a disability or limitation. The differential treatment could be a one-off type of action or simply the application and/or misapplication of a rule or policy. Also, it can include the existence of physical or communication barriers that make accessing something difficult or impossible for a person to achieve, such as entry to a public building. In an employment situation, disability discrimination occurs when an employer or other entity covered by the Americans With Disabilities Act and the [Page 2]Rehabilitation Act (as amended) treats a qualified individual with a disability, who is an employee or applicant, unfavorably due to a disability. It also happens when an employer treats an employee or applicant less favorably because of a history of having a disability, for example, if an employee has a history of a mental disorder such as major depression and is treated less favorably than other employees. In many situations, the law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability. The only exception to making reasonable accommodations is if doing so would cause significant difficulty or expense for the employer, which is typically called undue hardship. Reasonable accommodations constitute any change in the work environment or work procedure to aid a person with a disability and can include job application procedures, job performance duties, and also the enjoyment of the benefits and privileges of employment.

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