释义 |
disabled person Under the Equality Act 2010 (as previously under the Disability Discrimination Act 1995), a person who has a physical or mental impairment that has a substantial and long term effect on his abilities to carry out day-to-day activities and may progressively worsen (although some conditions, including HIV and multiple sclerosis, qualify from the point of diagnosis). The 2010 Act makes it unlawful to discriminate against a person solely because he has a disability (e.g. refusing to employ someone who is qualified to do the job simply because he has cerebral palsy or because she is partially sighted). Where the discrimination is a result of some reason relating to a person’s disability, an employer is allowed a defence of justification (e.g. where a wheelchair user is refused employment because the office is up a steep flight of stairs and there is no lift). However, the employer is under a duty to make reasonable adjustments for a disabled person. These might include alterations to premises (e.g. a stairlift) or to working conditions. Disabled persons are also protected from indirect discrimination, harassment, and victimization. The law applies to all employers, regardless of size. The legislation is overseen by the Equality and Human Rights Commission as successor to the Disability Rights Commission. See also mental disability; pre-employment health questionnaires. |