Disability discrimination in the workplace

The Disability Discrimination Act 1995, later replaced by The Equality Act 2010, introduced a range of rights and protections for disabled employees. In addition to the original rights, some of which have been further strengthened, there is now legal protection for those who are able bodied themselves, but are associated with a disabled person; and employers must now defer the collection of medical data in the recruitment process in most cases until after an offer has been made.

This book sets out the steps that employers should take to ensure compliance.

Preface

The Disability Discrimination Act (DDA) of 1995, which has now largely been replaced by the Equality Act 2010, aims to stop discrimination against people with disabilities. This means employers have to comply with regulations to make reasonable adjustments if their employment arrangements place disabled people at a substantial disadvantage compared with non-disabled people.

This book has been written with the intention of helping employers to accommodate the requirements of employees who, but for their disability, would be able to do the job satisfactorily. It also helps you to reduce the risk of disability discrimination claims.

Recent statistics suggest that around one in five people of working age are considered to be ‘disabled’ within the meaning of the DDA, and since the introduction of the Equality Act 2010, rights have been extended and strengthened.

Content

- Preface

- About the author

Miscellaneous notes

1. Overview of the Ebook
   1. Introduction
   2. The meaning of disability
   3. Effects of treatment and medication
   4. Rights and remedies
   5. Discrimination in employment
   6. Collecting medical data
   7. Reasonable adjustments
   8. Defence
   9. Tips to avoid disability discrimination
2. The meaning of disability
   1. Introduction
   2. Definition
   3. Physical impairments
   4. Mental impairments
   5. Progressive conditions
   6. Substantial adverse effect
   7. Normal day-to-day activities
   8. Long term effect
   9. Conditions which are automatically disabilities
   10. Excepted conditions
3. Effects of treatment and medication
   1. Introduction
   2. Treatment and medication
   3. Exceptions
4. Rights and remedies
   1. Introduction
   2. Right not to suffer unlawful discrimination
   3. Reasonable adjustments
   4. Remedies
5. Discrimination in employment
   1. Introduction
   2. Comparators
   3. Victimisation
   4. Direct discrimination
   5. Indirect discrimination
   6. Harassment
   7. Associative discrimination
   8. Perceptive discrimination
   9. Third party harassment
6. Collecting medical data
   1. Introduction
   2. Pre-employment offer medical data
   3. Post-employment offer medical data
7. Reasonable adjustments
   1. Introduction
   2. When to make reasonable adjustments
   3. Cost and reasonable adjustments
   4. Exemption to the duty to make reasonable adjustments
   5. When does the duty to make reasonable adjustments stop?
8. Defence
   1. Introduction
   2. What will and will not constitute a defence
   3. Constructive knowledge
   4. No reasonable adjustments
9. Tips to avoid disability discrimination
   1. Introduction
   2. Don’t make assumptions
   3. Consider whether expert advice is needed
   4. Plan ahead
   5. Codes of practice
   6. Keep records