Workplace Policies on Disability Discrimination
A thorough workplace disability discrimination policy can ensure that all employees receive equal treatment, while also protecting the company from costly legal issues. Policies should address the many forms that discrimination can take, and should offer a detailed explanation of how the company will investigate claims of discrimination and discipline anyone who violates company policy.
Definition of Disability
Under federal law, a disability is a permanent impairment that significantly hinders one or more major life activities. This applies to physical disabilities, such as loss of a limb or eyesight, and mental and emotional impairments, such as learning disabilities, mental illness or developmental disorders. It also applies to having a history of illness, such as cancer, even if the disease is in remission.
Definition of Discrimination
The Americans With Disabilities Act, which is the primary law governing disability-related discrimination in the workplace, prohibits discrimination in every aspect of employment, from hiring to firing. An effective workplace anti-discrimination policy must be just as comprehensive. For example, making jokes or offensive comments is considered discrimination under federal law, as is publicly discussing a person's disability or inquiring about it unless necessary to determine what accommodations the employee requires. Employers also cannot limit the kinds of assignments or opportunities given to an employee with a disability if he is otherwise capable of performing them.
All workplace policies regarding disability discrimination should adhere to the standards imposed by the Americans With Disabilities Act. The act is enforced by the U.S. Equal Employment Opportunity Commission, and if employees feel they've been discriminated against by the company, they can file a claim with the commission. They can also file a civil lawsuit. To prevent federal fines or lengthy litigation, build your disability discrimination policy around federal anti-discrimination laws and have it reviewed by an attorney experienced in employment and discrimination law.
Train all new and current employees about disability discrimination, including your company's policy and federal law. Have new employees attend a training session as soon as they're hired and require them to sign a form stating they've read and learned about the policy. Also, consider regular training sessions, possibly held as part of a general discussion on workplace discrimination. To help employees understand what consitutes discrimination, use interactive strategies such as educational videos or role-playing exercises.
Even the most thorough policy won't be effective if it's not enforced. In the policy, describe what actions qualify as discrimination and what disciplinary action employees will face for discriminating against employees with disabilities. Ideally, you should designate one person or department to handle enforcement. Also, outline the company's procedures for reporting discrimination, including how long it will take to investigate the claim and what kinds of documentation or evidence employees should provide. Make it clear that employees won't be punished for reporting discrimination.