Introduction
Have you ever felt mistreated by a business because of your disability? If so, you may be experiencing discrimination arising from disability, as outlined in the Equality Act 2010. This article will help you understand what this type of discrimination means, how it can manifest, and the steps you can take to address it. If you need assistance navigating these complex issues, you can find valuable resources at Equality and Human Rights Commission.
If you’ve ever felt unfairly treated by a business or service provider, such as a bank, energy company, or local authority, and believe it’s because of something related to your disability, you might be facing discrimination. This kind of unfair treatment is recognized under the Equality Act 2010 as “discrimination arising from disability.” Fortunately, there are steps you can take if you find yourself in this situation.
What Does Discrimination Arising from Disability Mean?
Discrimination arising from disability occurs when you are treated unfairly not because of your disability itself, but due to something connected to it. This could include various aspects of your life that are impacted by your condition. Here are some examples:
- Needing regular bathroom breaks
- Following a specific diet
- Requiring an assistance dog
- Experiencing behavioral challenges
- Having difficulty with speech or movement
- Struggling with reading, writing, or understanding information
- Using a wheelchair or other specialized equipment
- Needing a British Sign Language (BSL) interpreter
Example Scenario
Imagine you are blind and request that your energy provider send your bills in Braille. However, they fail to do so, and you end up missing payments because you didn’t receive the necessary information. When the provider insists that you switch to a prepayment meter to cover your debt, this could be seen as discrimination arising from disability. You were treated unfairly due to your need for Braille communication, which is related to your disability. In this case, you can take action under the Equality Act.
Additionally, you can file a complaint with the energy provider for not making reasonable adjustments to accommodate your needs.
Can Businesses Justify Their Actions?
If you decide to file a complaint about discrimination, the business or service provider may try to justify their actions. They would need to provide a valid reason for treating you unfairly. However, if they could have easily made reasonable adjustments to help you, it will be harder for them to defend their actions.
Another Example
Consider a phone company that only speaks to the account holder. If you are deaf and require an interpreter to communicate, and they refuse to speak to the interpreter, this could also be discrimination arising from disability. The company might argue that their policy is necessary for security reasons, but if they could have made adjustments to accommodate customers who are deaf, it would be more challenging for them to justify their refusal.
What If the Business Doesn’t Know You Have a Disability?
Discrimination is only considered unlawful if the business or service provider is aware of your disability. In some cases, your disability might be obvious, such as when you use a wheelchair. However, in other situations, it may not be immediately clear.
Should Businesses Make an Effort to Identify Disabilities?
Even if your disability isn’t obvious, businesses should take reasonable steps to determine if you have a disability. For instance, if a shopkeeper refuses to serve you because they assume you are intoxicated, but you have a condition causing slurred speech, it would be reasonable for them to ask questions before making that judgment.
For ongoing relationships with service providers, such as utility companies, it would be sensible for them to inquire about disabilities when you first register for their services. If they fail to do this, they may not be able to claim they were unaware of your disability.
What to Do Next
If you believe you’ve faced discrimination due to your disability, here are some steps you can take:
- Learn more about your rights regarding discrimination due to disability.
- Understand what constitutes a disability under the Equality Act.
- Identify instances of discrimination.
- Know how to take action against discrimination in goods and services.
- Familiarize yourself with your consumer rights.
By understanding your rights and the protections available to you, you can take action if you believe you’ve been treated unfairly due to your disability. For more detailed information on your rights, visit Equality and Human Rights Commission.
For more info, check out some of our related articles:
- How to Fight Discrimination: Legal Steps Under Equality Act 2020
- Understanding Your Rights: Tackling Discrimination in the UK
- Understanding Disability Rights: Equality Act 2010 Access Guide
- Fight Discrimination: Expert Advice on Equality Act 2010 Rights
- Understanding Disability Rights: Navigating the Equality Act 2010 in the UK
