The equality act 2010 prohibits discrimination against people with the protected characteristics that are specified in section 4 of the act. Equality act 2010 types of discrimination new definitions this document is a useful guide and highlights the definitions as laid out in the new equality act 2010 and should be read in conjunction with any existing university policies and procedures that refer to discrimination, harassment and victimisation. If youre breastfeeding, pregnant or have just had a baby. The act brings together over 100 separate pieces of legislation including the sex discrimination act 1975, the race relations act. The disability discrimination act 1992 dda makes it unlawful. For more information, see the new factsheet equality act 2010. Following intensive campaign for the introduction of widespread civil rights legislation for disabled people, the government introduced the disability discrimination act 1995 dda. There are changes that may be brought into force at a future date. Equality act 2010, section 19 is up to date with all changes known to be in force on or before 11 april 2020. Note these standards take effect subject to subsection 31 4 of the disability discrimination act 1992.
The equality act 2010 brought together a number of separate forms of legislation which protect the rights of certain groups of. Direct discrimination at work discrimination arising from disability at work indirect discrimination at work harassment at work victimisation at work. The law prohibiting disability discrimination in employment and other fields was introduced by the disability discrimination act 1995 dda. The equality act 2010 came into force on 1 october 2010 and strengthens and streamlines. A person has this protected characteristic if heshe is proposing to undergo, is. This page gives some examples of how these might occur at work. Understanding legal definitions of discrimination and. The subject matter of the equality act 2010 is reserved, and for the most part applies to england, scotland and wales. The equality act 2010 eqa was introduced not just to combine nine separate pieces of uk discrimination law into one act, but to raise the standard of protection from discrimination, through harmonisation, simplification and modification of equality law. The equality act 2010 protects people from discrimination on the basis of age, gender reassignment, sex i. How the equality act 2010 defines disability, and what law changes. Disability discrimination australian human rights commission. The impact on disabled people 5 summary introduction there are over 11 million disabled people in the united kingdom, and the number grows year by year.
This pack provides information and guidance about possible. Law and courts discrimination about discrimination equality act 2010 spotting discrimination chart notice you can check what to do if coronavirus affects your work, benefits or travel. It replaced the disability discrimination act 1995 as amended and other antidiscrimination legislation. Despite often having complex and challenging health problems, people with a disability may have difficulty accessing services to meet their health care and other everyday needs. Definition of disability under the equality act 2010 gov. Disability and employment in the equality act 2010.
There are six types of disability discrimination under the equality act 2010. The equality act 2010 and mental health graeme lockwood, claire henderson and graham thornicroft summary one aim of the equality act 2010 is to protect people with disabilities and prevent disability discrimination. In this article, we take a detailed look at how the equality act. In the disability act 1995, it had seven disabilities specified in the act. A detriment which arises from disability section 15. The equality commission is the independent public body that oversees equality and discrimination law in northern. Disability and discrimination emma harris, chantal simon, 2010. The disability discrimination act australian human rights. The definition of discrimination includes both direct5 and indirect6 disability discrimination. Discover what the disability discrimination act means for you. Chapter 5 the disability discrimination act contents. Using data from the 2004, 2010 and 2014 equality modules of the quarterly national household survey this report focuses on disability and discrimination in ireland. Equality act 2010 2010 chapter 15 an act to make provision to require ministers of the crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socioeconomic inequalities.
Early years, disability discrimination and the equality act 2010 however, disability is treated differently in important respects, most notably in that for most groups, equality is rooted in equal treatment, but for disabled people, and for disabled children, settings may, and often must, treat them more favourably. Disability discrimination act 1995 general overview. Understanding legal definitions of discrimination and unlawful behaviour in the equality act. The americans with disabilities act ada prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government programs and services. The equality act 2010 is an act of parliament of the united kingdom.
The equality act 2010 provides a single, consolidated source of discrimination law, covering. Disability discrimination ordinance 1995 pakistan national policy for persons with disabilities 2002 south africa promotion of equality and prevention of unfair discrimination act, 2000 united kingdom equality act 2010 prior to october 2010 the relevant legislation was the disability discrimination act 1995 as amended united states of america. Rehabilitation dataset directory rehabilitation research crossdataset variable catalog disability and compensation variables catalog disability dataset user guides learn more about employment discrimination charges filed under the americans with disabilities act ada. The act brings together over 100 separate pieces of legislation including the sex discrimination act 1975, the race relations act 1976, and the disability discrimination act 1995. In this article we will read about the key highlight points and overview of the disability act 1995 and the disability act 2014 and hold a comparison between them. Much of the media attention on the equality act 2010 has focused on controversial areas relating to socioeconomic inequality, positive action and gender pay reporting. Spice briefing equality act 2010 scottish parliament.
Subject to the provisions of schedule 1, a person has a disability for the purposes of this act if he. The equality act 2010 replaced several former pieces of legislation, including the disability discrimination act 2005 dda 2005. Clarification that userra prohibits wage discrimination against members of the armed forces. On 1 october 2010, it became part of the equality act 2010 eqa instead. Dda or australian human rights commission act 1986. The act extends direct discrimination by allowing claims for disability discrimination and harassment to be brought by individuals on the basis that they are perceived to be disabled and are not, or because they associate with someone who is disabled. This factsheet provides an overview of the equality act 2010 and its relevance to brain injury survivors who are returning to or have returned to work, and their employers. This protects against six forms of prohibited conduct because of nine protected characteristics in a range of contexts. The equality act 2010 in october 2010 the equality act 2010 replaced the disability discrimination act dda. Learn more about employment discrimination charges filed under the americans with disabilities act ada. Disability discrimination act dda rnib see differently.
The equality act protects you if you are discriminated against by. A person must be disabled as defined in theequality act 2010 the act in order to be protected from disability discrimination. Youre disabled under the equality act 2010 if you have a physical or mental impairment that has a substantial. September 15, 2010 americans with disabilities act title ii regulations. Equality act 2010 types of discrimination new definitions. Pdf on jan 17, 2017, elena fell and others published against discrimination. Employment discrimination charges filed under the americans with disabilities act ada view accessible tabular data for charge rates. The disability discrimination act 1992 dda makes it unlawful to discriminate against a person, in many areas. The equality act 2010 brought together the previous law on discrimination such as the disability discrimination act 1995, sex discrimination act 1975 and race relations act 1976. Department of justice september 15, 2010 americans with disabilities act title ii regulations nondiscrimination on the basis of disability in state and local government services.
Disability affects us allas disabled people ourselves, and as the carers, family, friends, employers, colleagues, and educators. Following the disability discrimination and other human rights legislation amendment act 2009 cth, a failure to make reasonable adjustments is also an explicit feature of the definitions of direct and indirect discrimination. Disability discrimination disability discrimination occurs when a person is treated less favourably, or not given the same opportunities, as others in a similar situation because of their disability. Section 60 of the equality act the act addresses the circumstances under which employers can make health and disabilityrelated enquiries about prospective. If a disabled person thinks they have been subject to unlawful disability discrimination they can bring a claim before an employment tribunal. Americans with disabilities act ada, relating to nondiscrimination on the basis of disability in state and local government services. The equality act 2010 came into effect in great britain in october 2010. Acas covers the disability discrimination act and the equality act 2010, to make sure youre aware of rights and responsibilities of your employers. Disability access to premises buildings standards 2010. Act 1976 and disability discrimination act 1995 apply instead.
View or download the new acas guide disability discrimination. Equality act 2010 guidance on matters to be taken into account in determining questions relating to the definition of disability 4 part 1. These problems can be further confounded by negative public attitude and potential discrimination. It also provides some changes about which schools need to be aware. The ada home page provides access to americans with disabilities act ada regulations for businesses and state and local governments, technical assistance materials, ada standards for accessible design, links to federal agencies with ada responsibilities and information, updates on new ada requirements, streaming video, information about department of justice ada. Discrimination arising from disability in these claims, if an employer or service provider can show that the treatment or practice is a proportionate means of achieving a legitimate aim then the claim will not succeed. For more information about disability discrimination and the charge filing process. See the rate of ada charges per 10,000 people with a disability in the labor force over time. Jun 22, 2011 how the equality act 2010 defines disability, and what law changes mean for the public, businesses, and the public and voluntary sectors. The equality act 2010 makes it unlawful to discriminate against employees including workers because of a mental or physical disability. This is of particular relevance to carers of disabled people children or adults. Click to find out more about the disability discrimination act at. The equality act 2010 the equality act 2010 this act replaced all previous equality legislation such as the race relations act, disability discrimination act and sex discrimination act. Disability is one of the specified protected characteristics.
Guidance relating to disability 28 jan nhs employers. Employment and diabetes advocacy pack 1 facing problems at work can be daunting, especially if the problem involves discrimination. This new law protects anybody with a protected characteristic from being discriminated against in. The department for education dfe consulted on further changes to schools duties and these came into force in september 2012. The primary purpose of the act is to codify the complicated and numerous array of acts and regulations, which formed the basis of antidiscrimination law in great britain. The disability discrimination act 1992 was amended by the workplace relations amendment work choices consequential amendments regulations 2006 no. The equality act 2010 brought together a number of separate forms of legislation which protect the rights of certain groups of people, and reduce inequality and discrimination. In 2010 most of the disability discrimination act was replaced by duties in the equality act 2010 eqa. Protection from discrimination for disabled people applies to disabled people in a range of circumstances. Disability discrimination and the equality act 2010. The ada home page provides access to americans with disabilities act ada regulations for businesses and state and local governments, technical assistance materials, ada standards for accessible design, links to federal agencies with ada responsibilities and information, updates on new ada requirements, streaming video, information about department of justice ada settlement agreements. Many arose from structural differences between the preexisting legislation governing disability discrimination the disability discrimination act 1995 dda and that governing other forms of discrimination eg, the sex discrimination act 1975 and the race relations act 1976 rra.
Under the equality act 2010 it is against the law for your employer or prospective employer to discriminate against you because of a disability. How the equality act 2010 defines disability, and what law changes mean for the public, businesses, and the public and voluntary sectors. Further changes were implemented in 2011, when new regulations on the public sector equality duties were passed. To get protection under the equality act, you have to show that your mental health problem is a disability.
Mar 15, 2010 these standards are the disability access to premises buildings standards 2010. As it relates to employment, title i of the ada protects the rights of both employees and job seekers. The eqa only protects workers if they have a disability which meets the complex definition in the act. Enhancement of disability compensation for certain disabled veterans with difficulties using prostheses and disabled veterans in need of reg. Jul 09, 2010 much of the media attention on the equality act 2010 has focused on controversial areas relating to socioeconomic inequality, positive action and gender pay reporting. However, the acts disability discrimination provisions are likely to have much more impact on daytoday working life. Second, the act extends indirect discrimination to cover disability. In the earlier act of 1995, it defines disability as blindness, low vision, leprosycured. Disability discrimination under the equality act 2010. Under the equality act 2010 a person is disabled if they have a physical or mental impairment which has a. Disability discrimination and the equality act 2010 advice. Changes that have been made appear in the content and are referenced with annotations. The select committee on the equality act 2010 and disability was appointed by.
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