Under the Disability Discrimination Act, it is unlawful for employers to discriminate against disabled people for a reason related to their disability.
Recently in the case of Coleman v. Attridge Law, the Employment Appeals Tribunal ('EAT') held the Act also protects people who, although not themselves disabled, suffer discrimination or harassment owing to their association with a disabled person - so-called 'associative discrimination.'
The case before the EAT involved a female employee who claimed she was subjected to less favourable treatment because of her association with her disabled son.
While ruling the woman could pursue her claim, the EAT refused to decide the substantive merits of the case, and it will now return to an employment tribunal for adjudication.
Disability Discrimination Act
Disability discrimination law applies to all areas of employment, including: recruitment; employment terms and conditions; pay; work-related benefits (e.g., access to recreation or refreshment facilities); work status; training; promotion and transfer opportunities; redundancy; and dismissal.
Under the Act, employers have a duty to make reasonable adjustments to make sure disabled people are not put at a substantial disadvantage by employment arrangements or any physical feature of the workplace.
Examples of reasonable adjustments could include:
- making adjustments to buildings;
- being flexible about work hours - allowing a person to have different core
working hours and to be away from the office for assessment, treatment or
rehabilitation;
- providing training or retraining if a person can no longer continue in their
current job;
- providing modified equipment;
- making instructions and manuals more accessible;
- providing a reader or interpreter.
** Additional information & advice **
You can obtain further information about disability discrimination on FindLaw.
Depending on the circumstances of your case, however, it may be better to speak with a solicitor who specialises in employment law. You can be matched with a solicitor in your area for free via solicitor matching services, which can also help you to understand the best course of action for your situation and whether you are ready to hire a solicitor.
And, again depending on your situation, they may be able to help you find a solicitor who will agree to take your case on a "no win no fee" basis, which means you don't have to pay for the solicitor's services unless you win your case.
