Other forms of disability discrimination
[ch 8: page 44]An employer’s failure to make reasonable adjustments for a disabled worker or job applicant is one form of disability discrimination under the EA 10 but there are others. Both the Equality Act 2010 (EA 10) and the Disability Discrimination Act 1995 (DDA 95) also protect individuals against other forms of disability discrimination which are listed below. It is important for union reps to recognise these so that they can take appropriate action and seek legal advice in respect of other potential claims.
It should be noted that there is one form of disability protection that is provided by the EA 10 and not the DDA 95, meaning it only applies in England, Wales and Scotland and not Northern Ireland. This is “discrimination arising from disability” under section 15 EA 10, often also referred to as “disability-related” discrimination and is explained in further detail below.