Disability Discrimination & Your Rights

Direct discrimination happens when a person, or a group of people, is treated less favorably than another person or group because of their background or certain personal characteristics. This is when you are treated worse than another person or other people because you have a protected characteristic; someone thinks you have that protected characteristic (known as discrimination by perception); you are connected to someone with that protected characteristic (known as discrimination by association); Your circumstances must be similar enough to the circumstances of the person being treated better for a valid comparison to be made. If you cannot point to another person who has been treated better, it is still direct discrimination if you can show that a person who did not have your protected characteristic would have been treated better in similar circumstances. To be unlawful, the treatment must have happened in one of the situations that are covered by the Act. For example, in the workplace or when you are receiving goods or services.

Indirect discrimination happens when there is a policy that applies in the same way for everybody but disadvantages a group of people who share a protected characteristic, and you are disadvantaged as part of this group. If this happens, the person or organization applying the policy must show that there is a good reason for it. A ‘policy’ can include a practice, a rule, or an arrangement. It makes no difference whether anyone intended the policy to disadvantage you or not. To prove that indirect discrimination is happening or has happened: There must be a policy that an organization is applying equally to everyone (or to everyone in a group that includes you) a. the policy must disadvantage people with your protected characteristic when compared with people without it b. you must be able to show that it has disadvantaged you personally or that it will disadvantage you c. the organization cannot show that there is a good reason for applying the policy despite the level of disadvantage to people with your protected characteristic.

The Disability Discrimination Act recognizes that achieving equality for disabled people may mean changing the way that employment is structured. This could be removing physical barriers or providing extra support for a disabled worker or job applicant. This is the duty to make reasonable adjustments. Your employer has a duty to take steps to remove, reduce or prevent the obstacles you face as a disabled worker or job applicant, where it's reasonable to do so. The employer only has to make adjustments where they are aware – or should reasonably be aware – that you have a disability.

The Act also protects people from discrimination arising from disability. This protects you from being treated badly because of something connected to your disability, such as having an assistance dog or needing time off for medical appointments. This does not apply unless the person who discriminated against you knew you had a disability or ought to have known. Discrimination arising from disability is unlawful unless the organization or employer is able to show that there is a good reason for the treatment and it is proportionate.

Please explained what the term victimization means in relation to a disability inquiry or complaint I have made. This is when you are treated badly because you have made a complaint of discrimination under the Act. It can also occur if you are supporting someone who has made a complaint of discrimination. For example, an employee has made a complaint of disability discrimination. The employer threatens to sack them unless they withdraw the complaint and the employer threatens to sack a member of staff because he thinks she intends to support a colleague’s disability discrimination claim.

Physical disability, Intellectual disability, Psychiatric disability, Sensory disability, Neurological disability, Learning disability, Physical disfigurement, and The presence in the body of disease-causing organisms.

It’s against the law for employers to discriminate against you because of a disability. The Act protects you and covers areas including application forms; interview arrangements; aptitude or proficiency tests; job offers; terms of employment, including pay; promotion, transfer, and training opportunities; dismissal or redundancy; discipline, and grievances.

We understand your predicament, and in the significant number of racism matters we’ve assisted with, we’ve always come across this dilemma that fellow colleagues aren’t prepared to give you a written statement. However, this should not compromise your position in lodging a racial discrimination claim and our experiences have shown that if we can prepare a comprehensive statement and ensure the facts are correct, in the medium-long run, your racism claim will all into place and your manager and employer will understand the hurt it has caused you. Finally, it’s all about storytelling, please ring our team for a discussion.

Our legal services will be undertaken on a No Win No Fee basis as has been the case from inception when we commenced defending employee rights in the late 90s. We will provide a written costs agreement outlining our No Win No Fee policy and will provide an estimate of the applicable fees.

There are five main types of disability discrimination; a. direct discrimination; b. indirect discrimination; c. failure to make reasonable adjustments; d. discrimination arising from disability; e. victimization.