Disability harassment is unwelcome behavior in the workplace that is based on your disability. Disability harassment usually takes one of two forms: 

• Behavior that creates a hostile work environment (explained below)
• Behavior that results in an “adverse employment action,” such as being fired or demoted

Yes. Courts across the country, including in Illinois, have said that disability harassment is illegal under the ADA because it changes the terms and conditions of your employment.

No. Harassment can come from another supervisor, a co-worker, or even someone who is not an employee, such as a customer or vendor.

It can be.

Not all things people do that we would consider harassing are considered legal harassment.

For hostile work environment claims, the harassing behavior must be sufficiently severe or pervasive to change the terms and conditions of your employment.

The behavior must create a work environment that most other people would find to be intimidating, hostile or offensive.  Examples are:

• A company president called new employee a “cripple” and when she objected to the use of the word, the president calls her a “hysterical basket case.”
• A manager told employee with a developmental disability to “shut up,” called her names, slapped her in the face, barked at her like a dog, and threatened violence.

There must also be a way to hold your employer legally responsible. Your employer can be legally responsible if:

• You report the harassment and your employer does not take steps to try to stop it from happening again.
• Your employer is or should otherwise be aware of the harassment, but does not take steps to try to stop it from happening again.
• The harassment comes from a supervisor and results in a negative change in your job.

Tell your employer

Why: Most employers have a process to report harassment, such as filing a complaint with human resources or an EEO office. It is important to follow your employer’s process for two reasons: (1) hopefully your employer will try to stop the harassment; and (2) in most circumstances, you must use your employer’s complaint process and give your employer the chance to stop the harassment to successfully bring a claim against your employer.

How: Some employers have policies about sexual harassment, but not other types of harassment. If this is the case for you, it is okay to follow the steps of the sexual harassment policy and make clear that you are complaining about disability harassment. If you are not sure if your employer has a process, you can check your employee handbook or ask human resources. You can also complain directly to your supervisor and/or other member of management about the harassment. Be sure to document your complaint.

 Tell the harasser

Why: This is a good idea even if the harasser already knows that their behavior is not wanted. In the best case, the harasser did not know and will stop. In the worst case, you have created documentation that you objected to the behavior and the harasser is on notice.

 How: Tell the harasser in writing that their behavior is unwelcome. If you would prefer to have the conversation in person or by phone, that is okay, but document that the conversation took place.

 Document the harassment

Why: While it is always important to document discrimination, it is especially important for harassment. Proving harassment requires you to remember as much detail as possible about every harassing incident.

 How: Keep a record of all unwelcome behavior and all conversations with your employer about the harassment, including your employer’s responses. Review the CAP Fact Sheet on Documenting Discrimination to learn more.

 Don’t miss the deadline to file a complaint with an enforcement agency

Why: If you decide to file a legal claim, you must first file a charge of discrimination with either the Equal Employment Opportunity Commission (EEOC) or the Illinois Department of Human Rights (IDHR). You must file within 300 days of the last harassing event. See CAP’s Fact Sheet on How to File a Charge of Discrimination to learn more. 

How: If you aren’t sure whether you want to file, but don’t want to miss the opportunity to do so, consider adding a note on your calendar so that you do not miss the deadline but still have time to consider your options. n