What is Disability Discrimination?
Disability discrimination occurs when someone is treated unfairly or less favorably because of their disability. Under the Equality Act 2010, disability is one of the nine ‘protected characteristics,’ meaning it’s illegal to discriminate against someone based on their disability in any part of work. This includes individuals with a physical impairment, a mental health condition, or a learning disability. Understanding the different types of disability discrimination is crucial for employers to avoid potential discrimination claims and ensure a fair and inclusive workplace.
Different Types of Discrimination
Direct Discrimination: This happens when someone is treated less favorably because of their disability. For instance, refusing to hire a qualified candidate simply because they use a wheelchair is a clear example of direct disability discrimination.
Indirect Discrimination: This occurs when a policy or practice applies to everyone but disadvantages those with a disability. For example, if a company requires all employees to work in an environment that is inaccessible to those with mobility issues, it may be indirectly discriminating against individuals with such disabilities.
Discrimination Arising from Disability: This type of discrimination happens when someone is treated badly due to something connected to their disability. An example could be dismissing an employee for taking extended sick leave related to their disability. Although the leave might be necessary due to their condition, penalising the employee for it would be considered discrimination arising from disability.
Failure to Make Reasonable Adjustments: Employers have a legal duty to make reasonable adjustments to their policies, practices, or physical workspace to accommodate disabled employees. If an employer fails to implement these necessary changes, they are engaging in disability discrimination. For example, not providing accessible entryways for employees with mobility issues or not offering alternative formats for training materials for someone with a learning disability would be considered failures in making reasonable adjustments.
Harassment and Victimisation: Unlawful discrimination also includes harassment related to disability and victimising those who have made or supported a complaint under the Equality Act. This could involve bullying, unwanted comments, or any behaviour that creates a hostile environment for someone because of their disability or because they have pursued a discrimination claim.
Understanding these types of disability discrimination and ensuring your business complies with the Equality Act 2010 is not just about avoiding legal consequences—it’s about fostering a workplace where all employees feel valued, respected, and supported