In last month's issue we covered aspects of Age Discrimination under The Equality Act. Each month I will address individual aspects in a little more detail, to encourage you to think about how well you / your organisation is placed in understanding your obligations.

This month is Disability Discrimination...

Under the Equality Act 2010, there have been some changes to disability discrimination.  These changes affect direct discrimination, harassment, victimisation, positive action, and charities.  Four new areas fall under the Act; these are discrimination by association, discrimination by perception, indirect discrimination, and discrimination arising from disability.  What does that mean for employers or service providers?
For example, someone who is disabled has to have a physical or mental impairment that has a substantial and long term adverse effect on their ability to carry out normal day to day activities.  The qualification for protection from discrimination has changed and a disabled person no longer has to show that their impairment affects a particular capacity.  This could be eyesight, hearing, speech or mobility problems.
"Direct discrimination occurs when someone is treated less favourably than another person because of a protected characteristic".  This is a direct quote from the Equalities Office booklet produced by the Government.
Employers or service providers have a duty of care to all their customers and staff to ensure that they are not discriminated against because they have a particular disability, seen or unseen.  This may mean that they will need to provide specific equipment in order for the disabled person they employ to do their job effectively.  Special equipment is needed for people who are deaf in the form of an induction loop in office accommodation where meetings are held or provision of telephones with induction coupling in order that deaf people may participate in the day to day activities of their employer.  If the person is a customer, it means having induction loops at all points of service where they are not directly next to one another.  If they are likely to be next to one another, such as in supermarkets, they need to be placed so that the loops do not overlap one another and other people's conversations cannot be overheard.
Disability is a complex area.  It will include those who are receiving benefits because of their disability and who may need specific advice and guidance to help them overcome the difficulties that they face.  It will include those who already go to work but cannot persuade their employers to buy the equipment that they need to do their job properly or who drag their feet in buying such equipment.  Grants are available and Access to Work is a good place to start for employers to obtain equipment for their disabled employees.

SMP Consultancy can provide advice and guidance on all aspects of the Equality Act. If you're in any doubt about your responsibilities then please call me or email me...

Next month we will examine Gender Reassignment.

The European Parliament also extended the initial proposal to cover assistance for disabled passengers.
"Disability may not be used as a reason for denying a passenger the right to board," reads the new EU regulation, adding that "free assistance must be provided to disabled people in ports".
The new rights for disabled will be restricted, however, "on condition that the carrier or the port operator is notified when the reservation is made or at least 48 hours before boarding". The rules will also apply to cruise passengers.

This all becomes effective from 2012. Read more...