The legal term is «discrimination by association». It is also known as «associative discrimination». This could be discrimination on the basis of disability. The company could have made an appropriate adjustment to ensure that this did not happen, for example by recording these absences differently from standard absences. For example, if a school refuses to admit a child with epilepsy unless they stop having seizures, this will be considered discrimination. During the pandemic, workers and workers have the same rights as usual not to be discriminated against in the workplace because of a disability. In addition to your fundamental rights as a consumer, if you are disabled, you also have other rights that protect you from discrimination when you buy goods and services or use certain facilities. This applies regardless of the size of the organization or business that provides the goods, services or facilities. It does not apply if the person or organization treating him or her unfavourably was not aware of the disability and could not reasonably have been expected.
Indirect discrimination on the basis of disability occurs when a practice, policy or work rule applies to all members of a group, but one or more persons with disabilities are disadvantaged. Learn more about when an employer can make a decision based on a disability It`s discrimination based on a disability when someone harasses you because of your disability. You may be able to take steps in this regard. It is illegal for employers to discriminate against job seekers and employees with disabilities. This includes not making appropriate adjustments and exposing people with disabilities to disability-related harassment. All employers must take steps to prevent discrimination based on persons with disabilities from the outset. It is not illegal to treat a person with a disability more favourably than a person without a disability. Sometimes it is possible to justify the rule, policy or practice that disadvantages people with disabilities. For example, there could be a health and safety reason or an unavoidable business reason. If this is the case, it will not be considered discrimination.
Discrimination based on persons with disabilities can be direct or indirect. For example, you are a woman with a disability who was discharged because you are pregnant. You may be entitled to discrimination during pregnancy, as well as discrimination on the basis of disability. If discrimination based on disability occurs in any of the following situations, you may want to take action: For more information about discrimination when buying or renting property, see Housing discrimination. Many people with mental illness may not think they have a «disability.» But they can be and if they are, they will have the right not to be discriminated against. If you have been discriminated against, you can get help from the EASS Discrimination Helpline. If you are unable to resolve the issue with the Ministry of Education, you can file a complaint with the Additional Support Needs Tribunal Service, which processes disability claims for students. For more information, visit the Tribunal`s website. It is illegal to discriminate against someone because of a «perceived» disability, that is, to think that a person has a disability if they do not have it. The legal term is «discrimination by perception». In some circumstances, an education provider may not be able to make an adjustment for a student`s disability.
Here is an example of direct discrimination based on disability: In some cases, it may not be illegal for an employer to make a decision based on a person`s disability. But the law in this area can be complex. It`s a good idea for employers to get legal advice first. Employers must do everything in their power to protect people from discrimination and take steps to prevent discrimination based on disability in the workplace. This includes recognizing the benefits of an inclusive and diverse workforce that does not exclude people with disabilities. Education providers must not discriminate against students or applicants with disabilities by failing to make appropriate adjustments to take account of their disability. If this puts a student with a disability at a significant disadvantage compared to students who are not disabled, it is considered discrimination. For example, a deaf student who reads lips is at a disadvantage if teachers continue to speak while eagerly waiting to write on a whiteboard.
There is no longer any specific legislation that holds employers liable for harassment by a third party (e.g. a customer). However, an employer may be held liable for breach of other legal obligations, including breach of contract, direct discrimination and the Protection from Harassment Act 1997. This and best practices mean that employers should continue to take steps to protect workers from all forms of harassment. However, you automatically meet the definition of disability under the Equality Act 2010 from the day you are diagnosed with HIV infection, cancer or multiple sclerosis. The Equality and Human Rights Commission (EHRC) has published guidelines on discrimination against persons with disabilities and the Equality Act, including a code of conduct for employment. Although the codes are not legally binding, they provide important guidance on best practices and non-compliance with these codes can be taken into account by courts or tribunals. ICPD members can learn more in our questions and answers on the Discrimination against Persons with Disabilities Act. Direct discrimination occurs when you are treated less favourably because of your disability than if a person without a disability was treated in the same circumstances. The Equality Act 2010 specifies when a person is considered disabled and protected from discrimination. The definition is quite broad – so check it even if you don`t think you`re disabled.
For example, you might be covered if you have learning difficulties, dyslexia, or autism. In the UK, provisions on discrimination against people with disabilities are included in the Equality Act 2010, which includes a legal obligation to make «reasonable adjustments» – you can find more information on what this means in the `Good practices` section below. Otherwise, it could be a «failure to make an appropriate adjustment» under the Discrimination Act. This will protect you from being treated badly because of something related to your disability, such as if you have a service dog or need time off for doctor`s appointments. This only applies if the person who discriminated against you knew that you had or should have had a disability. For example: This fact sheet examines the different types of discrimination against people with disabilities. It proposes good employment practices to ensure that everyone has fair access and the opportunity to move forward at work, including the legal obligation to make appropriate adjustments to avoid significant disadvantages for people with physical or mental health problems in the workplace. It also encourages employers to challenge stereotypical thinking and makes recommendations for positive progress.
MENCAP (2017) Good for Business: The Benefits of Employing People with Learning Disabilities. London: Mencap. The Equality Act 2010 also protects people who are no longer disabled but who have had a disability in the past. This means treating someone less favorably than another because of their disability. For example, the decision not to recruit a person because they have a disability. This can be both associative discrimination and harassment. You can get legal protection if you become a victim because you filed a complaint of discrimination based on disability.