Disability

The EA 10 prohibits discrimination against someone because they have a disability, someone mistakenly thinks they have a disability (this includes a progressive condition, see page 20) or they are connected to someone with a disability.

It is not unlawful discrimination to treat a disabled person more favourably than a non-disabled person (section 13(3), EA 10). This is an exception to the general ban on positive discrimination (treating someone more favourably because of their protected characteristic).

As well as protection from direct and indirect discrimination, harassment and victimisation, the law provides two extra categories of protection that are unique to disability discrimination. These are the employer’s duty to make reasonable adjustments, and protection from discrimination arising from disability. These two categories are explained in Chapter 8.