equality law and disability discrimination
The Equality Act 2010 came into effect in October 2010. It replaced nine previous laws that aimed to protect people against discrimination, including the Disability Discrimination Act 1995 (DDA). In terms of employment, there are different types of disability discrimination. People with epilepsy are covered by the Equality Act, even if their seizures are controlled, or they do not consider themselves to be ‘disabled’.
What is a disability?
Someone has a disability if they have:
a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities
Equality Act 2010
Here, ‘substantial’ means it is difficult and time-consuming to do activities compared to someone without a disability, and ‘long-term’ means at least 12 months. ‘Day-to-day activities’ include being able to get around, hear, see, remember and concentrate.
Epilepsy is a physical, long-term condition and people with epilepsy are protected under the Equality Act, even if their seizures are controlled or if they don’t consider themselves to be ‘disabled’.
Types of disability discrimination
The Equality Act protects people from several different types of disability discrimination, in terms of employment. Volunteer (unpaid) work is not covered by the Equality Act 2010.
It is illegal for an employer to treat someone with a disability differently from someone without a disability, without a justifiable reason. Direct discrimination includes:
- Perceived discrimination is where someone is treated unfairly because it is assumed that they have a disability, and that this affects their ability to carry out day-to-day activities – for example, making an assumption without any basis that a person’s epilepsy will mean they can’t do a job as well as someone without epilepsy.
- Associative discrimination is where someone is treated unfairly because they are connected to someone else with a disability – for example, not promoting someone just because they have a child with a disability.
- Harassment is being treated differently because of a disability, in a way that is humiliating or offensive and can’t be justified.
This is treating everyone the same, in such a way that it puts someone with a disability at a disadvantage. For example, a rule that ‘everyone must use the stairs’ is unfair for people who use wheelchairs. To treat all employees equally, employers may need to treat someone with a disability differently from someone without a disability.
Discrimination arising from disability
This is treating someone unfairly because of something connected with their disability – for example, if someone with a visual impairment is told that they can’t bring their guide dog to work, without a justifiable reason.
Failure to make reasonable adjustments
Reasonable adjustments are changes that employers are expected to consider making so that a person with a disability is not put at a disadvantage. For example, time off work for medical appointments could be recorded separately from sick leave. If an employer refuses to do this without a justifiable reason, their employee is at a disadvantage.
This is treating someone unfairly because they have complained about any type of discrimination – this can be complaining on their own behalf or on behalf of someone else.
See also health and safety law and how it relates to epilepsy.
Taken from our employment leaflet. Order this leaflet from our online shop as part of our 'first five free' offer.