disability discrimination affect access to employment resources
People with disabilities often face discrimination in the workplace, whether they are being overlooked for promotions or their concerns about the accessibility of office facilities are ignored. However, the law provides protections against such discrimination for disabled workers. Discrimination may occur when an employee is sworn at, offended or humiliated by someone else in a work environment or other social setting. It may also occur when a person with a disability is denied access to a service, product or facility that non-disabled people can easily use.
The Equality Act 2010 covers both direct and indirect disability discrimination. Direct discrimination occurs when a person’s disability is the reason for a decision, or it makes it harder to do the job in question. For example, if Mo’s employer withdraws a job offer after they find out she has cancer because they assume she will need to take time off for treatment, this would be direct discrimination. The company could argue it had a good reason for the decision, such as it was necessary because of her illness or that it was proportionate – but this is unlikely to be true.
Employers and organisations have a duty to make reasonable adjustments to remove disadvantages faced by disabled people. This includes making changes to working arrangements, physical features of buildings and the way services are provided. An adjustment might be installing an elevator, modifying equipment or providing an interpreter for a job interview. An organisation is likely to have to make a reasonable adjustment if it can show it would cause undue hardship, such as the cost of introducing a new policy or changing existing systems.
How does disability discrimination affect access to employment resources?
Indirect discrimination happens when a person’s disability law is the indirect reason for a decision or it makes it harder to do the job. For example, Mae is a qualified worker who needs to take time off for medical appointments. Her manager gives her a warning after she takes more than a certain number of days off, but it is not because of her health, but because the company follows a procedure for excessive absences and she has a disability. The company could say it was necessary to follow the procedure and that this was proportionate, but this is unlikely to be true.
There are many reasons why people with disabilities experience discrimination, from a lack of support and awareness to stigmatising beliefs about their condition. These barriers can prevent disabled people from finding and keeping a job, and they can stop them from enjoying the same benefits and opportunities as those without disabilities. This is a waste of talent and a missed opportunity for businesses to boost productivity.
In addition, removing obstacles to employment for disabled people can help reduce the high unemployment rates for this group of workers. It can also improve the economic prospects of disabled people, helping them to live independently and contribute to society. The government is taking a lead on disability issues, through the Department for Work and Pensions and other departments, but more can be done in the community by employers, local communities and individuals.
