The Act seeks to advance equality of choice and opportunity between persons who share a relevant protected characteristic. Disability is a protected characteristic. The definition of disability is unchanged and defined as ‘an impairment which has a long term substantial adverse effect on ability to carry out day to day activities’.
Disability discrimination
Direct disability discrimination
Occurs where, because of disability, a person receives worse treatment than someone who does not have a disability. Previously this type of discrimination was only unlawful in relation to work, now it applies to access to goods, services and facilities.
Discrimination arising from disability
Occurs when a disabled person is treated less favourably because of something connected with their disability (a hearing dog for example) and the unfavourable treatment cannot be justified. The reason for less favourable treatment (refusal of access for instance) would need to be substantial.
Indirect disability discrimination
Occurs when there is a rule, policy or practice which applies to everyone but which particularly disadvantages people with a particular disability compared to people without that disability. An example could be a ‘No Dogs’ rule which particularly disadvantages hearing dog users. Therefore an employer or service provider would be required to make reasonable adjustment to this rule to ensure that no disadvantage occurs.
Reasonable adjustment
There is a lawful duty imposed on employers and service providers to make reasonable adjustments where a provision, criterion or practice or physical feature or absence of an auxiliary aid or service puts a disabled person at a substantial disadvantage. Substantial is defined as ‘more than trivial’.
Disability harassment
Is unwanted behavior relating to disabilty that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
To read more about the Equality Act 2010 click here.
