Jonah Patel
The Equality Act 2010 protects people with disabilities from discrimination. It defines a disability as a physical or mental impairment that has a substantial, adverse, and long-term effect on a person's ability to carry out normal day-to-day activities. This definition is quite broad and includes neurodivergent people, even if they do not consider themselves disabled. The Act also covers people with progressive conditions, such as HIV, cancer, or multiple sclerosis, even if they can currently carry out normal day-to-day activities. It also protects people who are no longer disabled but had a disability in the past.
| Characteristics | Values |
|---|---|
| Physical or mental impairment | Substantial and long-term adverse effect on the ability to do normal day-to-day activities |
| Progressive conditions | HIV, cancer, multiple sclerosis, Alzheimer's disease, motor neurone disease, muscular dystrophy, Parkinson's |
| Visual impairment | Blind, severely sight impaired, sight impaired, partially sighted |
| Neurodivergence | Autism, ADHD, dyslexia, dyspraxia |
| Mental health problems | OCD, depression, stress, burnout |
| Past disability | Protected if the mental health condition lasted over 12 months in the past |
| Addiction | Not a disability, but if caused by medical treatment or prescribed drugs, it may be considered a disability |
| Severe disfigurement | Usually considered a disability |
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What You'll Learn
Neurodivergence
Under the Equality Act 2010, neurodivergence is often considered a disability, even if the person does not identify as disabled. The Act defines a disabled person as someone with a "physical or mental impairment" that has a substantial adverse impact on their ability to perform "normal" daily activities. This impact must be more than trivial and last, or be expected to last, at least 12 months.
People with neurodivergent conditions may meet this definition, as their differences can significantly affect their daily lives. For example, an individual with ASD may struggle with social communication and experience sensory sensitivities, while someone with ADHD might face challenges with focus, organisation, and impulse control. These impairments can hinder activities like socialising, learning, working, or taking care of oneself.
The Equality Act 2010 protects individuals with disabilities, including hidden disabilities, from discrimination. It applies to various areas, such as employment, the provision of goods and services, education, and healthcare. Employers, for instance, must not discriminate against neurodivergent employees and must make reasonable adjustments to support them. These adjustments aim to create a level playing field with their neurotypical peers, ensuring equal opportunities and access.
It's important to note that the impact of a neurodivergent condition on an individual's life can vary significantly. While some people may experience significant challenges, others might have developed effective coping strategies or have access to supportive environments that minimise the adverse effects. Therefore, when determining whether neurodivergence constitutes a disability under the Equality Act, it is essential to consider the specific impact on the individual's ability to carry out normal day-to-day activities.
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Progressive conditions
The Equality Act 2010 protects individuals with progressive conditions from discrimination. It is unlawful to treat a person with a disability less favourably than someone without one. This protection applies even if the person does not consider themselves to be disabled. For example, if a person has arthritis and uses a walking stick, the legal test for disability considers how difficult it would be for them to walk without it.
The Act also covers situations where a person is no longer disabled but had a disability in the past. For instance, if an individual had a mental health condition that lasted over 12 months but has since recovered, they are still protected from discrimination due to that disability.
The Equality Act's definition of disability is quite broad and focuses on the effect of the condition on a person's everyday life, rather than the diagnosis itself. It is based on whether an individual has an impairment that is physical or mental, and whether this impairment has a substantial, adverse, and long-term effect on their ability to carry out normal day-to-day activities.
Some conditions are always considered disabilities under the Equality Act, such as cancer, HIV, and severe disfigurement. In the case of cancer, even skin growths that are not yet cancerous but have the potential to become so are included. For visual impairments, certification as blind, severely sight impaired, sight impaired, or partially sighted is required for protection under the Act.
It is important to note that the Equality Act applies to employers, businesses, and service providers, who have a responsibility to ensure that disabled people can access jobs, education, and services as easily as non-disabled people. This includes making reasonable adjustments, such as providing parking spaces close to the office for employees with mobility impairments.
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Past disabilities
The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. The definition covers a range of illnesses and conditions, including physical or mental impairments that have a 'substantial' and 'long-term' negative effect on one's ability to carry out normal daily activities.
The Equality Act also protects people who are no longer disabled but had a disability in the past. For instance, if you had a mental health condition in the past that lasted for over 12 months but have now recovered, you are still protected from discrimination because of that disability. This means that if your past mental health problem had a substantial, long-term, and adverse effect, you will get the protection of the Equality Act.
To illustrate, Mary had depression four years ago that lasted for two years and had a substantial effect on her ability to carry out normal day-to-day activities. She has not experienced depression since then. If Mary is treated worse by her employer because of her past mental health problem, she will be protected by the Equality Act.
Another example would be if a person has an impairment caused by addiction. For instance, liver disease or depression caused by alcohol dependency. In this case, the person might be considered disabled under the Equality Act, even though an addiction to alcohol is not considered a disability.
It is important to note that the focus is on the effect of the mental health problem rather than the diagnosis. Thus, it is necessary to demonstrate that the mental health problem has more than a small effect on everyday life and has lasted or is likely to last for at least 12 months.
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Mental health problems
The Equality Act 2010 sets out when someone is considered to be disabled and protected from discrimination. The definition covers a range of illnesses and conditions. The focus is on the effect of the mental health problem, rather than the diagnosis.
You have a disability if you have a physical or mental impairment that has a substantial, adverse, and long-term effect on your ability to carry out normal day-to-day activities. The legal test for disability is based on what the impact of your condition would be without any medication or treatment. Treatment includes things like counselling as well as medication. For example, if you have arthritis and use a walking stick, think about how hard it would be for you to walk without it.
Some conditions are always classified as disabilities under the Equality Act. You will always be considered disabled if you have cancer, HIV, or multiple sclerosis, even if you are currently able to carry out normal day-to-day activities. You are protected as soon as you are diagnosed with a progressive condition. You are also covered by the Equality Act if you had a disability in the past. For example, if you had a mental health condition in the past which lasted for over 12 months, but you have now recovered, you are still protected from discrimination because of that disability.
Being neurodivergent will often amount to a disability under the Equality Act, even if the person does not consider themselves to be disabled. For example, if you are autistic or have ADHD, dyslexia, or dyspraxia. Your impairment is considered a disability if it makes it harder for you to do everyday activities.
The Equality Act may protect you from discrimination if your mental health problem fits its definition of disability. You have to show that your mental health problem is a disability to get protection under the Equality Act.
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Physical impairments
The Equality Act 2010 sets out when someone is considered to have a disability and is protected from disability discrimination. The definition covers a range of illnesses and conditions, and it is advised to check even if you don't think you are disabled. The Equality Act's definition of disability is quite broad, and you may be considered disabled even if you don't identify as such.
Visual impairments are also considered physical impairments under the Equality Act. An individual with a visual impairment is protected by law if they are certified as blind, severely sight impaired, sight impaired, or partially sighted. The law states that there must be a significant impact on their eyesight, even when wearing glasses or contact lenses.
Progressive conditions, such as Alzheimer's disease, motor neurone disease, muscular dystrophy, and Parkinson's, are also covered. An individual with a progressive condition is considered disabled as soon as it starts affecting their normal day-to-day activities, provided that this impact is likely to be long-term.
Additionally, severe disfigurements are usually considered physical impairments and disabilities under the law. Severe disfigurements to the face or body are generally believed to have a substantial adverse effect on an individual's ability to carry out normal day-to-day activities.
It is important to note that the focus is on the impact of the impairment rather than the impairment itself. The Equality Act aims to protect individuals from discrimination and gives them the right to challenge such treatment.
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Frequently asked questions
The Equality Act is a law that protects people from discrimination and gives them the right to challenge it. It also prevents employers from asking pre-employment health questions that are designed to screen out disabled job applicants.
The Equality Act says that you have a disability if you have an impairment that is either physical or mental, and the impairment has a substantial, adverse, and long-term effect on your normal daily activities. This includes progressive conditions like HIV, cancer, or multiple sclerosis, even if you are currently able to carry out normal day-to-day activities.
Some examples of impairments that would be considered disabilities under the Equality Act include severe disfigurement, neurodivergence, chronic migraines, autism, ADHD, dyslexia, dyspraxia, and severe mental health problems such as obsessive-compulsive disorder (OCD).
Some examples of discrimination that would be considered illegal under the Equality Act include harassment or victimisation of an individual because of their disability, failure to make reasonable adjustments for disabled employees or job applicants, and asking job applicants about their health or disability before offering them a job.
