Discrimination based: on your disability

You may be discriminated against if you have been treated unfairly because of a disability. This is Discrimination based that arises from disability, according to the Equality Act 2010. You may be able do something if you have been discriminated against.

This page explains more about Discrimination based that arises from disability.

What does it mean to discriminate because of disability?

The Equality Act 2010 is the law Gender reassignment that says you can’t be discriminated. It is illegal to discriminate against anyone who is in violation of the Equality Act. You can also take legal action at the civil courts.

Discrimination based due to disability refers to when you are treated unfairly for something that is related to your disability, rather than because of the physical disability itself. You’ve been treated unfairly according to the Equality Act.

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These are some examples of things that could be related to your disability.

  • Regular rest breaks and toilet breaks are essential
  • a restricted diet
  • Public transport: difficulties
  • Regular hospital visits are essential
  • Computer equipment specialists are essential
  • The need for a calm working environment
  • The need for assistance dogs
  • Behavioural issues
  • Speech or movement difficulties

What does it mean to be unfavorable?

Unfavourably treated means that you are less less fortunate because of how you have been treated. This could be a refusal to receive a service, or being disciplined at work.

Direct Discrimination based is not an option. You don’t have to compare your situation with another. You only need to prove that you were unfairly treated because of your disability.

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Is discrimination based on a disability legal?

  • Sometimes, discrimination based on a disability can be legal.
  • If you have a valid reason to treat you unfavourably,

It’s possible to be treated unfavourably by someone because you have a disability. They can justifiably discriminate if they have a good reason to.

It will be harder for someone to justify discrimination if they have failed to make reasonable adjustments to your disability works.

If the discriminator doesn’t know that you are disabled,

If the discriminator against you can prove that it isn’t illegal discrimination, then it will be considered legal discrimination.

They didn’t know that you were disabled

They couldn’t reasonably have known that you were disabled.

This means that Discrimination based against you must be proven if they make any attempt to discover about your disability.

Additional useful information

  • Equality Advisory Support Service (EASS).
  • The EASS Discrimination Helpline can help you if you’ve been discriminated against.

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