disability discrimination occur in online platforms
While there has been some progress in disability discrimination, the law is still inconsistently enforced, conceptions of it are skewed and technological advancements have led to new forms of discrimination. This means it is important to understand all of the different types of discrimination in order to fully protect yourself.
Direct discrimination occurs when you are treated less favourably than others because of your disability discrimination. For example, if you are denied access to a service because it does not have an easy read version, this is discrimination. It could also occur if an employer refuses to promote you, because your frequent absences from work for disability-related appointments mean you are not as productive. This is illegal unless your employer can prove they can meet your needs in a way that is not discriminatory, this is called an objective justification.
The ADA is the federal civil rights act that protects people with disabilities from employment discrimination. It applies to employers with 15 or more employees, state and local governments and employment agencies. The ADA covers physical, intellectual, emotional and psychiatric disabilities, as well as the presence in the body of disease-causing organisms such as HIV.
Can disability discrimination occur in online platforms?
The ADA requires employers to make “reasonable accommodations” for qualified applicants and employees with disability law. This includes modifying equipment, providing interpreters or training on how to use assistive technology. The law does not include requiring an employer to let a worker wear a medical alert bracelet at work, however, because this may cause the employee undue hardship.
Discrimination can also take the form of harassment and victimisation. Harassment is unwanted conduct that creates an intimidating, hostile, degrading or humiliating environment, and can include verbal abuse, threats, bullying and excluding you from social activities. It can also involve actions such as making offensive jokes or making sexual comments.
A lack of importance placed on making digital platforms more inclusive for users with disabilities sends a clear message that these companies do not value the participation of this group in society. They are ignoring the needs of the disabled community and contributing to the growing problem of ableism, which affects us all.
If you have experienced disability discrimination, whether in the workplace or when using a website, you can file a complaint with your state or city civil rights agency. You can get help from a New York City or State disability discrimination lawyer, who will be able to advise you on your options and file a claim on your behalf. Many states have laws that are more liberal than the ADA, which allows you to seek compensation with fewer hurdles to overcome.
This could be helpful for many disabled people seeking justice against those who have harassed or discriminated against them. This is particularly the case in cities such as New York where the state and city anti-discrimination laws are more broadly interpreted than the federal ADA. Contact my office to receive a free consultation from a NYC disability discrimination lawyer.
