Disability Discrimination
Disability discrimination can occur in a variety of ways, from being excluded from social activities because you have a physical or learning disability, to being told that you can’t work in certain roles or are not welcome in your workplace. If you have been subjected to direct or indirect discrimination, there are steps you can take to protect yourself from this type of behaviour and claim the compensation that you may be entitled to.
Direct disability discrimination is when someone treats you less favourably than another person in a similar situation because of your protected characteristic (such as your disability). For example, Mo tells their employer that they have multiple sclerosis during an interview and their employer withdraws the job offer based on this information. This is a case of direct discrimination because it is not fair and reasonable to treat Mo less favourably.
The Equality Act 2010 states that it is unlawful to discriminate against an individual because of their disability unless there is a good reason for doing so, known as ‘objective justification’. This means that the thing that is causing the discrimination must be necessary for the company or organisation to achieve their objective. For example, a company may have a policy that says employees can’t eat at their desk outside of their break times, but this might put an employee who has rheumatoid arthritis at a disadvantage because they will struggle to get back to their desk in time for their break.
Disability Discrimination – What is Direct and Indirect Discrimination?
A company may also have a policy that only allows written tests to be taken on the computer. This could cause problems for an employee who has limited use of their hands, but it is not a valid reason to discriminate against the worker because of their disability – as long as other workers can complete written tests on paper.
Indirect discrimination happens when there is a policy that applies to everybody, but it negatively affects people with a particular disability. For instance, an employer might have a rule that all employees must take a break from their work every fifteen minutes, but this would put anyone who has difficulty moving around easily at a disadvantage – such as people with arthritis. However, if the employer can show that this policy is necessary and there is no other way to achieve their objective, then it can be deemed as ‘objective justification’ and not indirect disability discrimination.
Discrimination arising from a disability law is when something that results from your disability causes you to be treated unfavourably. For example, if you have severe rheumatoid arthritis with substantial adverse effects, your symptoms can flare up and then go into remission for some time. If you have a flare up and are treated differently to other staff, then this is discrimination arising from your disability and you can make a complaint about it.
Sometimes, you may be regarded as having a disability even if your condition is no longer causing you problems. For example, if you have scars from burns that are visible, you may be seen as having a disability by some employers, particularly if they affect your appearance.
