Does the employer know about the disability?

Workers are understandably often reluctant to tell their employer about a disability. However, not doing this is likely to leave them without the protections offered by the EA 10. An employer can only be liable for disability discrimination if they knew or should have known about the disability. All the employer needs to know is the fact of the impairment and its effect on the person’s ability to carry out day-to-day activities, either now or in the future. The employer does not need to know that the condition has any particular diagnosis.

Employers are expected to be alert to out-of-character behaviour that could indicate a disability. An employer’s failure to appreciate that a worker has a disability can lead to a finding of discrimination: