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Equal Pay and Discrimination Update Andrea Tishler and Joanna Lada-Walicki 28 April 2009. Programme. Equal pay Equality Bill Sex Discrimination Sexual orientation Disability Discrimination Race Discrimination Religious Discrimination Age Discrimination. Equal Pay.
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What is a disability under DDA?
A person is disabled if they have “a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day to day activities”
Effect of medical treatment is disregarded
Certain impairments excluded:
Alcohol/drug addiction
Certain personality disorders
Hay fever
Disability DiscriminationMobility
Physical co-ordination
Manual dexterity
Continence
Ability to lift, carry or move everyday objects
Speech, hearing, eyesight
Memory or ability to concentrate, learn or understand
Perception of risk of physical danger
NB Activities in daily life relevant not generally activities at work
Disability Discrimination (3)(2) Disability related Discrimination i.e.
For a reason that relates to the disabled person’s disability the employer treats the employee less favourably than they treat or would treat others to whom that reason does not or would not apply i.e. the comparator
The employer cannot show that the treatment in question was justified
N.B. House of Lords decision in the case of London Borough of Lewisham v Malcolm (2008) overturned long-established case law on 'disability-related discrimination'
Direct and Disability Related DiscriminationIt applies to:
arrangements for deciding who should be offered a job inc. refusal of a job
terms on which employment offered
Access to promotion, transfer or training or benefits
Dismissal where someone subjected to other disadvantage
Employers are liable for acts of employees whether they knew or approved of them UNLESS they can show they took all reasonable steps to prevent the behaviour from happening
Race Discrimination