Disability-Based Harassment & Intersection and Multiple Protected Class Harassment

Harassment Related to Visible Disabilities

Physical Appearance Comments:

- Staring, pointing, or making comments about physical appearance - Mocking speech patterns, mobility devices, or assistance animals - Unwanted help or touching of mobility devices - Questions about medical conditions or disability causes - Making assumptions about capabilities based on visible disabilities

Workplace Integration Issues:

- Isolating employees with disabilities - Excluding from meetings or activities due to disability - Creating barriers to accessibility - Different performance standards without justification - Comments about the "burden" of accommodation

Harassment Related to Non-Visible Disabilities

Mental Health and Cognitive Disabilities:

- Comments about mental health treatment or medication - Mocking behavior related to mental health conditions - Different treatment after disclosure of mental health issues - Pressure to disclose or discuss mental health status - Creating stressful environments that exacerbate conditions

Chronic Illness Harassment:

- Comments about sick leave usage - Questions about medical appointments or treatments - Assumptions about work capability during flare-ups - Exclusion from opportunities due to perceived unreliability - Pressure to provide detailed medical information

Accommodation-Related Harassment

Reasonable Accommodation Interference:

- Refusing to provide legally required accommodations - Making accommodations publicly known to embarrass employee - Comments about "special treatment" or unfairness - Retaliating against accommodation requests - Creating hostile environment around accommodation use Case Example: An accounting firm employee with diabetes faced constant comments from coworkers about her need for regular breaks and dietary requirements. Supervisors made remarks about "high maintenance" employees and questioned her dedication when she needed time for medical appointments.

Understanding Intersectional Harassment

Many employees experience harassment based on multiple protected characteristics simultaneously:

Race and Gender Intersection:

- African American women facing both racial and gender stereotypes - Assumptions about aggression or attitude based on race and gender - Different beauty standards that combine racial and gender bias - Exclusion from leadership opportunities due to combined biases

Religion and National Origin:

- Harassment of Muslim employees that combines religious and ethnic stereotypes - Assumptions about loyalty or security risks - Combined dress code and cultural practice restrictions - Heightened scrutiny based on religious and ethnic background

Age and Disability:

- Assumptions about declining capabilities combining age and disability bias - Different accommodation standards for older employees with disabilities - Combined stereotypes about usefulness and adaptation - Intersection of retirement pressure and disability accommodation