This is an extract of our Discrimination document, which we sell as part of our Employment Law Notes collection written by the top tier of University Of Law students.
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Discrimination Equality Act 2010Job applicants, employees and workers are protected - ss.39 - 40 EA10.Protected characteristics: s.4 Age - s.5 (by reference to an age/range of ages)?
Disability - defined in s.6 a. Physical/mental impairment (affects normal day to day activities)
? Goodwin v Patent Office: focus on what claimant cannot do/cannot do without difficulty.
? Pyromania, alcohol and drug abuse are specifically excluded under the 2010 Regs.
? Power v Panasonic: need not consider cause of impairment. b. has a long term, substantial adverse effect.
? s.212(1): substantial = more than minor/trivial (consider effect of impairment rather than severity)
? Schedule 1, paragraph 2(1): long-term = lasted/likely to last at least 12 months or the rest of the person's life (whichever shorter)Determined at date of hearingRecurring/fluctuating conditions can count - likely recurrence (Sch.1 para 2(2)) SCA Packaging v Boyle: likely = 'could wellhappen'.People suffering from HIV, cancer and multiple sclerosis are to be considered disabled from the point of diagnosis (Schedule 1, paragraph 6), and sufferers do not have to prove all of the elements set out above (Schedule 1, paragraph 9)Claims: Includes discrimination for association with a disabled person (carers)
? Direct discrimination - s.13(1) (comparator = someone without claimant's disability but whose circumstances are not otherwise materially different - s.23(1) and (2))Indirect discriminationDiscrimination arising from disability - s.15 (no comparator needed) a. Unfavourable treatment due to disability b. Not a proportionate means of achieving a legitimate aim c. Causal link (can be very loose) d. Defence = employer did not know/could not reasonably be expected to know that the claimant was disabledFailure to comply with duty to make reasonable adjustments in s.20Applies at all stages of employment process:
? s.20(3): changing the way things are done
? s.20(4): changing the build environment
? s.20(5): providing aids and services
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