Under the Americans with Disabilities Act of 1990 (ADA), it is unlawful for an employer to treat an employee or applicant unfavorably because he or she has a disability.

Disability discrimination also occurs when an employer treats an employee or applicant less favorably because he or she has a history of a disability (such as cancer that is controlled or in remission), because he or she is believed to have a disability, or because he or she is related to a person with a disability (even if the employee herself does not have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.

It is also illegal for an employer to harass an employee or applicant because he or she has a disability, had a disability in the past, or is believed to have a disability. Harassment includes, among other things, offensive remarks about a person’s disability.