Disability discrimination is when you treated somebody in an unusual way that’s different from how other people are treated because he/she has some form of disability under the quality act. Whether Discrimination is intentional or unintentional, it is considered unlawful.
What Constitutes Disability?
Under the equality act, disability can be any mental or physical condition that prevents the individual from performing day-to-day activities like other people. It could be long term or short term. If you have any sickness like cancer or HIV, you’re still covered under the equality act even if you physically look normal like everyone else. You’re protected as long as you’ve been diagnosed with the progressive condition.
You’re still covered if you have suffered disability in the past if, for instance, you have undergone mental illness that took two years to recover from you covered by the equality act finally. You’re protected against any form of disability discrimination.
Equality Act Against Disability Discrimination
According to the 2010 equality act, Discrimination because of any of the following conditions;
- You had a disability.
- Someone predicted that you have a disability.
- You are in a relationship with someone that has a disability.
- It is OK in the eyes of the law to favorably treat a disabled person as a person that is not disabled.
What Are Types Of Disability Discrimination?
There are six types of disability discrimination, and they include; direct Discrimination, Indirect Discrimination, harassment, victimization, Discrimination due to disability, failing to make adjustments. Let’s take a look at the common ones briefly.
When a person treats you as a disabled person in a worse manner than he treats other people. For instance, in a job interview, you told the interviewer that you have multiple sclerosis, the employer decides to reject your application even though you’re more qualified for the job than others. Direct disability discrimination is when you’re denied employment because of your medical condition.
This mostly concerns organizations that have a policy that affects disabled people when compared with people that aren’t disabled. Indirect Discrimination is considered unlawful. The only exception is that when the organization can provide proof that their policy is proportionate and they have a strong reason to use such a policy against disabled persons.
Indirect Discrimination involves asking for a pre-requisite in a job position that disabled people don’t have, and that pre-requisite isn’t applicable in that job position. An example here is that requiring a driver’s license for a job title when the job position doesn’t involve any driving at all. This shows that disabled persons can’t apply even though driving isn’t required. In this case, it’s indirect Discrimination. Still, if the job position involves driving a bus or any other vehicle, that’s justified.
Failure To Make Adjustments
According to the equality act, every company or employer must make adjustments to make the working environment favorable to disabled people. They should help disabled people access jobs and educational resources quickly, just like nondisabled persons. This what’s referred to “making reasonable adjustments.” This implies that employers shouldn’t create a working space that’s only favorable to nondisabled people. Disabled employees can experience some hardship if the employer fails to make reasonable adjustments. It’s the responsibility of the employer to create a parking space close to the office for mobility impairment needs.
Discrimination Due To Disability
This involves maltreating disabled people because of their situation. If for example, a boy was denied from getting admitted into a private nursery because he isn’t trained to use the toilet properly, like when a child has Hirschsprung’s disease. When they refuse to accommodate him due to this condition, it’s considered a form of disability discrimination.
Another example is that when a cancer patient takes leave for treatment, and he wasn’t paid his bonuses just like other nondisabled employees, this scenario is considered as disability discrimination. If you believe you have been discriminated against because of your health condition, you should contact a lawyer that will help you make claims for your rights that have been violated. Here at Massey & Duffy, we specialize in dealing with disability discrimination cases, contact us now for a free consultation.