Disability
I was protected as a disabled person under the Disability Discrimination Act 1995, am I still protected under the Equality Act 2010?
Yes, in general the definition of who is a disabled person for the purposes of protection from discrimination has not changed. However, the Equality Act 2010 does make it easier for some people to show that they are disabled.
Will I still have the same degree of protection under the Equality Act 2010 that I had under the Disability Discrimination Act 1995?
Yes, the Equality Act generally carries forward the protection that the Disability Discrimination Act provided for disabled people.
However, it is stronger than the Disability Discrimination Act because it extends some protection, and introduces some new forms of protection, for disabled people. For example, it provides new protection for disabled people from indirect discrimination. In addition, it provides better protection from discrimination that arises from something connected with a persons disability (for example where a user of an assistance or guide dog is discriminated against because of their dog, not because of their disability).
Also, the Equality Act provides protection from disability-related harassment in more areas, such as in access to goods and services, or private clubs.
Does the Equality Act 2010 still require employers, and people like providers of goods and services, organisations exercising public functions and private clubs to make reasonable adjustments for disabled people?
Yes. The Equality Act maintains the duty to make reasonable adjustments, but it makes it more straightforward, because there is now a single trigger point for when adjustments have to be made. Reasonable adjustments have to be made to avoid a disabled person being put at a “substantial disadvantage” compared with non-disabled people.
The Disability Discrimination Act didnt require schools to provide special aids or services for disabled children; does the Equality Act 2010?
Yes, the Equality Act places a duty on schools to provide what are called auxiliary aids or services for disabled children where it is reasonable to do so. But these provisions are not being commenced on 1 October, because it is a brand-new requirement and schools and local authorities need time to plan for implementation. A public consultation is planned about the timing of implementation. We anticipate implementation in September 2011.
Does the Equality Act 2010 provide me with protection from being discriminated against or harassed because I am associated with a disabled person (such as being a carer or parent), or because I am wrongly perceived to be disabled?
Yes, the Equality Act provides protection from direct discrimination that happens because the person is associated with a disabled person, or because the person is wrongly thought to be disabled, and from harassment related to disability.