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DISABILITY
UK LEGISLATION:
The Disability Discrimination Act 1995 and the Disability Discrimination (Amendment) Act 2005 describes a disabled person as anyone with a physical or mental impairment which has a substantial and long-term adverse effect upon their ability to carry out normal day-to-day activities. This is intended to be a fairly wide definition.
It protects disabled people in the areas of employment, the provision of goods, facilities and services and the selling, letting or managing of land or premises. In addition, the legislation requires schools, colleges and universities to provide information for disabled people and allows the Government to set minimum standards to assist disabled people to use public transport easily.
Public Sector Bodies now have a specific duty to promote diability equality. This will have a knock on effect in the Private Sector.
Disabled people experience discrimination in most areas of their lives. A low income plus negative attitudes and stereotypes means that disabled people are often actively discouraged from seeking a social life that others would take for granted.
The burden of proof lies on the employer. This means that rather than the employee proving there has been discrimination, the employer has to demonstrate that they have not violated the law.
USEFUL LINKS:
Read through the Equalities and Human Rights Commission (EHRC) section for Disability Discrimination information in education, employment, how to use your rights, what the law says and more.
The United Kingdoms Disabled People's Council (UKDPC) 123 promotes full equality and participation within society. it is an umbrella organisation that represents over 130 organisations run by disabled people.
SEXUAL ORIENTATION
UK LEGISLATION:
The Employment Equality (Sexual Orientation) Regulations 2003 prohibits sexual orientation discrimination in employment.
From 1 December 2003, lesbian, gay and bisexual workers are legally protected from, discrimination, and harassment on the grounds of sexual orientation in employment, and throughout the entire employment relationship and after the working relationship has ended. It applies to terms and conditions, pay, promotions, transfers, training and dismissal.
The new legislation also protects people on the grounds of assumed sexual orientation, and it is not important whether a person's sexual orientation is assumed correctly or incorrectly, and also where people are discriminated against because of the sexual orientation of the people with whom they associate their family members and friends.
Public Sector Bodies now have a specific duty to promote equality (sexual orientation). This will have a knock on effect in the Private Sector.
Exceptions
There are some areas where discrimination might still occur and would not be illegal. For example, same-sex partners might be denied certain benefits such as an occupational pension survivors benefit if they are specifically restricted to married partners only.
New legislation allows discrimination where there is a genuine occupational requirement, which is a genuine, determining and proportionate reason for requiring the employee to be of a particular sexual orientation.
The new regulations also contain a general exception if there is a necessity to safeguard national security.
The burden of proof lies on the employer. This means that rather than the employee proving there has been discrimination, the employer has to demonstrate that they have not violated the law.
USEFUL LINKS:
Read through the Equalities and Human Rights Commission (EHRC) section for Sexual Orientation Discrimination information in education, employment, how to use your rights, what the law says and more.
The content of this website is designed to provide general information only. Whilst every effort has been made to ensure that the information provided is accurate, it does not constitute legal or professional advice |
