EEOC Interpretation of Disability Harassment

The EEOC has interpreted the ADA's prohibition on coercion and intimidation as prohibiting harassment by an employer on the basis of a person's disability. According to the EEOC, harassment on the basis of disability constitutes discrimination in the terms, conditions and privileges of employment and, as such, violates the ADA. Those circuit and district courts that have dealt with claims of disability harassment have proceeded on the assumption that the ADA creates a cause of action for hostile work environment, but have avoided confirming that the claim actually exists.