However, certain conditions have been specifically excluded from constituting a disability, such as: additions to alcohol, nicotine, or any other substance; some mental health conditions such as a compulsion towards exhibitionism or voyeurism; and hay fever, unless it aggravates the effect of another condition.
Those who have been certified blind, sight-impaired or partially sighted by a consultant ophthalmologist will be deemed to have a disability under the regulations.
So what will be the impact for employers? The Equality Act covers many topics, however, perhaps the most significant impact will be in the area of discrimination. Are you and your line managers ready to implement and comply with the changes?
- For example, do you know you could potentially be held liable if your staff are harassed by people you don't employ, such as external suppliers or customers?
- Do you know that you cannot ask questions relating to health during the recruitment process or send out pre-employment medical questionnaires.
- Do you know that the definition of direct discrimination - less favourable treatment "because of" the protected characteristic of disability - is wide enough to cover discrimination by association? So, for example, if a candidate was refused a job because he or she had a disabled child, this would be direct discrimination.
Make sure you are ready for the new legislation. We can help. Call now or visit our website for further information.
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