Chapter 4
Harassment
[ch 4: page 18]Harassment “related to” disability is unlawful under EA 10, including when it is directed towards someone mistakenly assumed to have a mental health disability. Harassment is defined by section 26 of EA 10 as unwanted conduct with the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. The fact that the harasser does not intend to create such an environment is irrelevant if that is its effect.
Mental health charity Mind provides this example:
Mary has an eating disorder. Her manager knows this and makes offensive remarks in the open plan office about people with anorexia. This is likely to be harassment.