Is there an example of what might constitute discrimination arising from disability?
The Government Equalities Office guidance gives the example of a disabled employee who, because of his or her disability, has to take more time off than other employees. If the employer treats the employee less favourably because of this, this will be unfavourable treatment because of something – the absence – arising in consequence of the employee’s disability. A new provision has been inserted into the Act regarding enquiries about disability and health – what does that do? Section 60 basically makes it unlawful for an employer to “ask about the health” of a job applicant before offering work to, or shortlisting, the applicant. If the employer asks an unlawful question about health during the recruitment process, and the applicant does not get the job, in any subsequent disability discrimination claim the burden of proof will be on the employer to show that there was no discrimination. Is it just written questions in health questionnaires that are outlawed? No, both written and oral
