Disability Discrimination: Information, News, Examples

Author: Disabled World (DW)
Updated/Revised Date: 23 Jul 2026

Table of Contents:
Synopsis - Definition - About This Section - FAQs - Publications - Subtopics

Synopsis

At a Glance

• 1 - Pregnancy discrimination claims have increased by 30 percent, per recent EEOC statistics.
• 2 - The law also protects people from discrimination based on their relationship with a disabled person.
• 3 - 63 percent of references to mental health in TV soaps and drama are pejorative, flippant, or unsympathetic.
• 4 - Employers may treat disabled people less favorably only with a justifiable reason and only when reasonable adjustments cannot solve the problem.

Topic Definition

Disability Discrimination

Disability discrimination is the unfair or unequal treatment of a person because of a physical or mental impairment that has a substantial and long-term effect on their ability to carry out everyday activities. It stems from ableism, a mindset that treats non-disabled people as the standard of "normal" and builds public spaces, workplaces, education, and services around that assumption, thereby excluding those with disabilities. This kind of discrimination can be direct or indirect and shows up in many settings, from hiring and dismissal decisions to renting property, accessing goods and services, and attending school. Importantly, the protection often extends beyond disabled individuals themselves to cover people who are treated unfairly because of their association with someone who has a disability, such as a spouse or child. In response, many countries have enacted laws designed to reduce these barriers and promote a more inclusive society where opportunities and resources are accessible to as many types of abilities as reasonably possible.

About This Section

Recognizing Ableism and Protecting the Rights of People with Disabilities

Disability discrimination is defined as discrimination against the disabled. Ableism means discrimination action against people based on the physical ability of their body, especially against people with disabilities (Definitions of Disability) in favor of people who are not disabled.

An ableist society is said to be one that treats non-disabled individuals as the standard of "normal living", which results in public and private places and services, education, and social work that are built to serve 'standard' people, thereby inherently excluding those with various disabilities.

Not everyone with a medical condition is protected by the law. To be protected, a person must be qualified for the job and have a disability as defined by the law. The Disability Discrimination Act says a disabled person is someone with a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

Disability Discrimination Laws

In many countries, it is now against the law to discriminate against disabled people in various areas of their lives. In the late 20th and early 21st centuries, several countries have passed laws aimed at reducing discrimination against people with disabilities. These laws have begun to appear as the notion of civil rights has become more influential globally, and follow other forms of anti-discrimination and equal opportunity legislation aimed at preventing racial discrimination and sexism which began to emerge in the second half of the 20th century.

The presumption that everyone is non-disabled is said to encourage environments that are inaccessible to disabled people. It is a system by which mainstream society denigrates, devalues, and thus oppresses those with disabilities, while privileging those without disabilities, according to those who describe ableism circumstances.

For example, it is against the law to discriminate against disabled people at work, and when providing goods, facilities and services. There is also protection against discrimination for disabled people who are renting or buying property, and in education.

The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.

Definition of Inclusion

Inclusion, comparatively, means that all products, services, and societal opportunities and resources are fully accessible, welcoming, functional, and usable for as many types of abilities as reasonably possible.

An ableist society tends towards isolation, pity, paternalism, and low self-esteem among people with disabilities, whereas an inclusive society tends toward sociability and interdependency between the able-bodied and disabled.

Disability Discrimination at Work

It is against the law for an employer:

• to harass you if you are disabled, for example, by making jokes about your disability
• not to make reasonable adjustments to the workplace to enable you to work or to continue to work.
• to treat you less favorably because of your disability - including recruitment and selection, terms and conditions, dismissal and redundancy.
• to discriminate directly against you if you are disabled or because you are associated with someone who is disabled, for example, your partner or child.
• to victimize you if you take legal action because of discrimination against you, or if you help someone else to take legal action because of discrimination.

Employers can treat disabled people less favorably only if they have a sufficiently justifiable reason for doing so, and only if the problem cannot be overcome by making 'reasonable adjustments'. For example, an employer would be justified in rejecting someone with severe back pain for a job as a carpet fitter, as they cannot carry out the essential requirements of the job.

Examples of the types of adjustments that an employer might make include:

• making physical adjustments to the premises
• transferring you to a different post or work place
• supplying special equipment to help you do your job
• altering your hours of work or giving you extra time off.

World Disability Discrimination Acts

• Australia - Australian Disability Discrimination Act, 1992
• Pakistan - National Policy for Persons with Disabilities, 2002
• United States of America - Americans with Disabilities Act of 1990 (ADA)
• Canada - Ontarians with Disabilities Act (2002) (only in Ontario, no other province has disability protection)
• United Kingdom -UK Disability Discrimination Act 1995 DDA (which has been extended and amended by several enactments including the Special Educational Needs and Disability Act 2001, and the Disability Discrimination Act 2005)

Disability Discrimination Facts and Statistics

• 63% of references to mental health in TV soaps and drama are pejorative, flippant, or unsympathetic.
• The EEOC recently reported that sexual harassment claims by men increased from 8% to 16% in the last 20 years. Moreover, the number of gender discrimination claims filed by men has similarly increased.
• Recent EEOC statistics reveal that the number of claims for pregnancy discrimination has increased by 30%, while claims of all other types of employment discrimination has increased by 25%. This may be accounted for by the increase in the number of women in the workforce; women's increasing awareness of their legal rights; and employers' concomitant lack of awareness and respect for the rights of pregnant women.

Frequently Asked Questions

What should I do if I experience disability discrimination at work?

Start by keeping a written record of incidents, including dates, witnesses, and what was said or done, then raise the issue with your employer or human resources department. If the matter is not resolved, you can seek advice from an employment lawyer or file a complaint with the relevant equal opportunity or labor agency in your country.

What is a reasonable adjustment in the workplace?

A reasonable adjustment is a change an employer makes to remove or reduce a disadvantage a disabled worker faces, such as modifying equipment, altering work hours, or adjusting the physical premises. What counts as reasonable depends on factors like cost, practicality, and the size and resources of the employer.

Is disability discrimination always intentional?

No, discrimination can be indirect and unintentional when a policy or practice that applies to everyone puts disabled people at a particular disadvantage. Even without intent, such practices may be unlawful unless the organization can objectively justify them.

Are mental health conditions covered by disability discrimination laws?

Yes, many disability laws cover mental impairments that have a substantial and long-term effect on daily activities, including conditions such as depression and anxiety. Coverage depends on how the specific law defines disability and whether the condition meets that threshold.

Can a business be fined for failing to provide accessibility?

In many jurisdictions, businesses that fail to meet accessibility requirements can face legal complaints, financial penalties, or orders to make changes. Penalties vary widely depending on the country, the nature of the violation, and whether the failure was addressed after being raised.

Does disability discrimination law apply to schools and students?

Yes, most disability discrimination laws extend to education, prohibiting schools and colleges from treating students unfairly because of a disability. Institutions are generally required to make reasonable adjustments so that disabled students can access learning on an equal basis.

How is ableism different from disability discrimination?

Ableism is the underlying set of attitudes and assumptions that value non-disabled people as the norm, while disability discrimination refers to the specific unfair actions that result from those attitudes. In short, ableism is the mindset and discrimination is the behavior it produces.

Curated and edited by Ian C. Langtree, Founder & Editor-in-Chief, Disabled World. This section is maintained by the Disabled World editorial team.

Last updated: 23 Jul 2026