Content Overview 
- Summary
- Protections Against Discrimination When Applying For, At Work, From Being Fired, Complaining
- Why and How To Keep A Work Journal
- What Should I Do If I Think I'm Being Discriminated Against or Harassed?
- ADA Prohibition Against Harrassment
- How Do I Prove Discrimination Or Harassment?
- Examples Of Areas Where An Employer Cannot Discriminate
- Can I Be Retaliated Against For Enforcing My Rights Under The ADA?
Work: ADA Protections 101: Discrimination, Harrassment
ADA Prohibition Against Harrassment
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Under the ADA, you cannot be harrassed. For ADA purposes, "harrassed" is when a person is subjected to offensive conduct that is sufficiently severe or pervasive to create a hostile or abusive work environment.
Harassment doesn't have to come from an employer. It can be harassment by co-workers as well.
There is no clear definition of "harassment" for purposes of the ADA. It's more like pornography: the courts know it when they see it. Basically, it is unwelcome harassment based on your "disability" that is so severe or happens so often as to alter a condition or privilege of employment
Following are a few examples of prohibited harrassment which are meant to help clarify what is meant by harassment. The examples are far from all encompassing:
- You return to work after brain surgery and a surpervisor refers to you as "plate head"
- A supervisor sabotages your work because she is afraid of people who are HIV positive
- Telling other employees not to talk to a "disabled" person
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