Milkround News, 03 September 2010
Details of the new Equality Act coming into force on Friday, October 1st have been published by the government.
One of the key points is alcoholics, smokers, voyeurs and exhibitionists will not be protected by disability provisions.
The Equality Act 2010 (Disability) Regulations 2010 include provisions that support the definition of disability in the Equality Act 2010. Under the Act, which replaces all existing discrimination laws including the Disability Discrimination Act 1995, employers and service providers are not allowed to discriminate on the grounds of individuals' physical or mental disabilities.
While the regulations extend disability conditions to those who have been certified blind, sight-impaired or partially sighted by a consultant ophthalmologist, others are excluded. These include those with addictions to alcohol, nicotine or any other substance not the result of the administration of medically prescribed drugs or other medical treatment as well as some mental health conditions, hay fever, or tattoos and body piercings.
Stephen Simpson, senior employment law editor at XpertHR, told Personnel Today he was more interested in the exclusions from the act. He said: "An individual no longer has to show that, where an impairment adversely affects his or her ability to carry out a normal day-to-day activity, that activity involves one of a specified list of capacities, such as mobility, speech, or the ability to understand.
"It will be left to tribunals to make a common-sense decision as to whether or not a particular impairment has a substantial effect on day-to-day activities. This should make it easier for individuals to show that they are disabled under the Equality Act 2010."
Home Secretary and Minister for Women and Equalities Theresa May said at the announcement of the proposals in July: "By making the law easier to understand, the Equality Act will help business treat staff fairly and meet the needs of a diverse customer base. The law will be easier to understand and better able to protect people from discrimination.
"Implementing the Equality Act to the planned timetable makes clear our commitment to equality. A successful economy needs the full participation of all its citizens and we are committed to implementing the Act in the best way for business."