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Chapter

Cover Employment Law in Context

12. Disability Discrimination  

This chapter examines disability discrimination law under the Equality Act 2010. It focuses on disability discrimination, with disability being treated as a separate protected characteristic. The chapter first considers the historical context and the possible conceptual approaches to the protection of disabled workers. It then addresses the definition of ‘disability’ in section 6 of the Equality Act. This is followed by an analysis of the employer’s duty to make reasonable adjustments in the workplace to accommodate disabled workers. Next, the ‘discrimination arising from disability’ concept is discussed. Finally, the chapter presents some comments and observations on the current state of disability discrimination law in general, taking into account the terms of the Equality Act and European developments.

Chapter

Cover Employment Law

13. Disability discrimination  

This chapter deals with disability discrimination law under the Equality Act. It discusses the history and background of disability discrimination law, protected characteristics, prohibited conduct on grounds of disability discrimination, and issues such as who is the comparator. The chapter also covers key debates about how the law operates and how it might be improved in the future, and deals with the economic and social models of disability. Disability can refer to a physical or mental impairment, and the definition of disability includes reference to substantial impairment and day-to-day activities. The Equality Act covers the following in relation to disability: direct discrimination (including associative and perceptive discrimination), indirect discrimination, harassment, victimisation, discrimination arising from disability, duty to make reasonable adjustments, and enquiries about disability and health.