Equality Law

Disability Discrimination

The Equality Act will replace both the 1995 and 2005 Disability Discrimination Acts new provisions to protect those with a disability that have been or are being harassed. More expansively if a person is incorrectly perceived to have a disability, or by association with another who has a disability is discriminated against then the act will deem the behaviour unlawful.

Direct Disability Discrimination

This now has changed to ensure that a person with a disability is not discriminated against by being denied access to services due to another’s personal prejudice.  The discrimination is because of the disability.

Discrimination arising from Disability

This is a new part of the Equality Act where as before the discrimination was because of the disability this is a distinction of if the person is being discriminated against due to an affect of, or with their disability.  A person who is denied services as a result of a link with their disability will be deemed unlawful; unless the provider can demonstrate lack of knowledge of the disability and or the action justifiable.

Indirect Disability

This a new clarification for the Equality Act the act does not so much change in practise as reasonable adjustments for disabled people was already covered. It is more where policies or rules which apply to customers disadvantage disabled customers. This is to do with the pro active practical delivery of accessibility, aids, or changes in policies and rules to ensure a balanced and objective approach.

Disability Harassment

This new addition to the Equality Act, any behaviour which is deemed as offensive, humiliating, hostile or degrading due to a person’s disability will be covered. 

Employees will be able to complain to their employer regarding behaviour that they personally find offensive even if the harassment is not directed at them.