Equality Act 2010: Disability Discrimination

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Questions and Answers

What is the key difference between direct and discrimination arising from disability?

  • Direct discrimination is easier to prove than discrimination arising from disability.
  • Direct discrimination is less serious than discrimination arising from disability.
  • Direct discrimination requires a policy or practice, while discrimination arising from disability does not.
  • Direct discrimination is when a person is treated unfavorably because of a disability, while discrimination arising from disability is when they are treated unfavorably because of something connected to their disability. (correct)

What is an example of discrimination arising from disability?

  • A blind person being denied access to a building because the entrance is not wheelchair-accessible.
  • A person with a mental illness being denied a job because of their condition.
  • A person with Tourette syndrome being refused entry to a café because they shout loudly. (correct)
  • A person with dyslexia being given a written exam instead of an oral one.

What is indirect disability discrimination?

  • When a disabled person is harassed because of their disability.
  • When a disabled person is denied a job because of their disability.
  • When a company applies a policy or practice that disadvantages disabled people, even if the policy is intended to be neutral. (correct)
  • When a disabled person is deliberately treated unfairly by a company.

Which of these is a legitimate business aim that could justify a policy that might disadvantage disabled people?

<p>To ensure a safe and accessible environment for all customers. (D)</p> Signup and view all the answers

What is harassment related to disability?

<p>Unwanted behaviour related to disability that has the purpose or effect of violating a person's dignity. (C)</p> Signup and view all the answers

Which of these scenarios could be considered harassment related to disability?

<p>A group of coworkers making jokes about a colleague's stutter. (B)</p> Signup and view all the answers

What is the potential consequence for a company that discriminates against a disabled person?

<p>The company could be fined an unlimited amount. (D)</p> Signup and view all the answers

Why is it important for businesses to be aware of the Equality Act?

<p>To ensure that they are complying with the law and avoiding legal action. (A)</p> Signup and view all the answers

Which of these statements best summarizes the purpose of the training module described in the text?

<p>To help businesses avoid legal action for discrimination against disabled people. (C)</p> Signup and view all the answers

What is the Licensing Authority's expectation of businesses regarding disabled customers?

<p>To treat all customers equally, without causing offense or upset to disabled people. (C)</p> Signup and view all the answers

What is the main purpose of The Equality Act of 2010?

<p>To simplify and strengthen anti-discrimination laws (C)</p> Signup and view all the answers

What are the three parts of the Disability Discrimination Acts (DDA) of 1995 and 2005?

<p>Access to goods and services, employment rights, and service delivery (C)</p> Signup and view all the answers

What key change did the 2005 amendment to the DDA introduce?

<p>It expanded protection to include people with HIV infection, cancer, and multiple sclerosis. (C)</p> Signup and view all the answers

Which of the following is NOT considered a 'protected characteristic' under The Equality Act 2010?

<p>Age (B)</p> Signup and view all the answers

What is the difference between direct disability discrimination and discrimination arising from disability?

<p>Direct discrimination involves treating a disabled person less favorably than a non-disabled person, while discrimination arising from disability involves putting a disabled person at a disadvantage because of disability-related requirements. (C)</p> Signup and view all the answers

Which of the following is NOT considered a form of discrimination under The Equality Act 2010?

<p>Asking a job applicant about their disability in order to assess their suitability for the job (D)</p> Signup and view all the answers

Which of the following is a key principle of The Equality Act 2010 when it comes to disability discrimination?

<p>Providers of goods, facilities, and services have a responsibility to make reasonable adjustments to accommodate disabled individuals’ needs. (D)</p> Signup and view all the answers

What does the term 'reasonable adjustments' mean in the context of the Act?

<p>Making changes to a service or facility to allow a disabled person to access it without disadvantage. (B)</p> Signup and view all the answers

How does The Equality Act 2010 aim to address the issue of discrimination arising from disability?

<p>By ensuring that disabled individuals are not disadvantaged by conditions or requirements that are related to their disability. (D)</p> Signup and view all the answers

What is the significance of the shift from the DDA to The Equality Act 2010 in terms of disability rights?

<p>The new Act introduced stronger protections against disability discrimination. (C)</p> Signup and view all the answers

Flashcards

Discrimination arising from disability

Unfavourable treatment of a disabled person connected to their disability, not the disability itself.

Direct discrimination

When someone is treated less favourably because of their disability itself.

Example of discrimination arising from disability

Paul is excluded from a café due to shouting related to Tourette syndrome.

Indirect disability discrimination

A policy affects disabled people more severely, although applied equally.

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Justification of policy

A legitimate reason for a policy that may disadvantage disabled individuals.

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Example of indirect discrimination

Pam can't swim the full length due to her heart condition under a swimming policy.

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Harassment related to disability

Unwanted behaviour violating dignity or creating a hostile environment for disabled persons.

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Equality Act

A law to protect disabled individuals from discrimination and harassment.

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Consequences of discrimination

Potential court cases and fines for violating the Equality Act against disabled individuals.

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Customer equality training

Training module aimed at ensuring equal treatment for all customers, especially disabled ones.

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Equality Act 2010

A law that consolidates anti-discrimination laws into a single act.

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Protected characteristics

Traits that are legally protected from discrimination.

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Disability Discrimination Acts (DDA)

Previous laws before the Equality Act, focusing on disability rights.

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Access to goods and services

The right of disabled persons to access and use services equally.

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Legal responsibilities of providers

Obligation to not discriminate against disabled individuals.

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Three parts of DDA

Outlined rights for disabled persons regarding service access and employment.

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Amendments to DDA in 2005

Expanded the definition of disability to include more health conditions.

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Study Notes

Equality Act 2010: Disability Discrimination

  • Replaced previous anti-discrimination laws, simplifying and strengthening legislation
  • Effective October 1, 2010
  • Protects individuals accessing goods, facilities, or services from direct discrimination based on "protected characteristics"

Protected Characteristics

  • Disability
  • Gender reassignment
  • Pregnancy and maternity
  • Race (ethnic or national origins, colour, nationality)
  • Religion or belief
  • Sex
  • Sexual orientation

Disability Discrimination Act (DDA)

  • Predecessor to the Equality Act 2010

  • Focused on accessibility of businesses and public services for disabled individuals

  • Covered accessing premises (entry/exit, internal movement) and treating disabled individuals without discrimination

  • Three parts:

    • Part 1: Defined covered individuals
    • Part 2: Protected disabled employees from workplace discrimination
    • Part 3: Prohibited discrimination in service delivery (since 1999) and removed physical barriers (since 2004).

  • Amended in 2005 to include HIV infection, cancer, and multiple sclerosis

  • Further protects individuals from three new forms of discrimination: - Direct disability discrimination in relation to goods, facilities, and services - Discrimination arising from disability - Indirect disability discrimination

Direct Disability Discrimination

  • Treating a person less favorably due to their disability
  • Providers of goods/services have a responsibility to avoid direct discrimination

Discrimination Arising from Disability

  • Unfavorable treatment because of something connected to the disability, not the disability itself
  • Treatment must be justifiable.
  • Example: If someone is excluded because of behavior that arises from a disability, and the exclusion can't be justified, it is considered discrimination.

Indirect Disability Discrimination

  • A policy that applies equally to all but disadvantages disabled people
  • Policy must be a legitimate business aim and fair/reasonable.
  • Alternatives to avoid discrimination must be considered

Harassment

  • Unwanted behavior related to disability intended to violate dignity or create a hostile environment
  • Example: Mocking a stammer
  • Discriminating against a disabled person can lead to legal action (Court) and unlimited fines for the organisation

Training Importance

  • Protects the organisation from discrimination charges.
  • Promotes equal treatment to all customers.

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