The different types of disability discrimination

According to the equality laws, there are different types of disability discrimination. Not all types come under the DDA. And the definition of some types of discrimination are different under the Equality Act and the DDA (See below.)

Different types of discrimination under the Equality Act (England, Scotland, Wales)

Different types of discrimination under the Disability Discrimination Act (Northern Ireland)

Different types of discrimination under the Equality Act (England, Scotland, Wales)

1 - Direct discrimination (under the Equality Act)

This happens when:

• somebody treats you less well than somebody else; and
• the treatment is because you have epilepsy or care for somebody with epilepsy.

Examples

• A landlord will not rent a flat to you because you have epilepsy. They will rent the flat to someone else who doesn’t have epilepsy.
• A taxi driver refuses to give you a lift because you have epilepsy. Your friend doesn’t have epilepsy and the taxi driver will take him.

2 - Discrimination by association (under the Equality Act)

This protects your family and friends from direct discrimination because you have epilepsy.

Example
You need to make up some work hours that you missed when you took your son to a medical appointment for his epilepsy. Your employer is not flexible in the way you can make up the work hours. However, your colleague takes her son, who does not have epilepsy, to a doctor’s appointment. Your employer is very flexible in the way she can make up her hours.

3 - Indirect discrimination (under the Equality Act)

This happens when:

• having epilepsy means you are put at a disadvantage to other people, because of some general rules or practices that apply to everyone; and
• there isn’t a fair explanation for that rule or practice.

Examples

• Anyone who wants to be in the school play has to come to school an hour early every morning for rehearsals. This discriminates against you if your seizures usually happen early in the morning.
• A night club will only accept a driving licence as a form of proof of age. This discriminates against you if you don’t have a driving licence because of your epilepsy.

4 - Discrimination arising from a disability (under the Equality Act)

This happens when:

• somebody treats you unfavourably; and
• the treatment is because of something arising from your epilepsy; and
• they knew, or should have known, that you had the disability; and
• they can’t give a fair reason for that unfair treatment.

There is no need to compare the way that someone treats you with the way they treat somebody who doesn’t have epilepsy.

Examples

• You have a long absence from work because of your epilepsy. Your employer dismisses you because of that absence, even though they could have covered your work duties during your absence.
• A restaurant owner refuses to serve you because they fear that it will upset the other customers if you have a seizure.
• A college refuses to admit you because you have epilepsy. They think that if you have a seizure it will disrupt lessons.

5 - Failure to make a reasonable adjustment (under the Equality Act)

Sometimes, people or organisations may need to make a reasonable adjustment. This is to make sure that you are not put at a substantial disadvantage to other people, just because you have epilepsy. Failure to make this adjustment could be illegal under the Act. The person or organisation that has the duty to make the adjustment is not allowed to pass any cost of making them on to you.

Reasonable adjustments can include:

• making changes to a rule, requirement or practice
• making changes to buildings or premises
• providing equipment that will help you.

Examples

• A teacher gives you written lesson notes because you had a seizure during a lesson.
• A restaurant gives you a table where there is less risk of injury if you had a seizure. (For example, at the edge of a room, out of the path of the people serving food.)
• An employer could allow you to start and finish work later than other employees, if you usually have seizures first thing in the morning, provided this fits in with their working practices.

6 - Harassment (under the Equality Act)

This happens when somebody behaves towards you in a way you don’t want, such as taunting or bullying, and the behaviour has the purpose or effect of:

• violating your dignity (failing to treat you in a respectful way), or
• creating an intimidating, hostile, degrading, humiliating or offensive environment for you.

Your employer has a duty to protect you from harassment by the people you work with. If your colleagues bully you because of your epilepsy, your employer may be considered responsible for this.

The Equality Act also protects your family and friends. They must not be harassed or treated unfairly because you have epilepsy.

Example
Your son has epilepsy and you take him to see an epilepsy specialist during work hours. Your colleagues make abusive and insulting comments about you and your son, because his epilepsy has caused you to have time off work.

7 - Victimisation (under the Equality Act)

This is when:

• somebody treats you less well than other people, because you have complained of disability discrimination; or
• they treat you less well because you have helped somebody else to complain about disability discrimination.

Example
You are not invited to office social events because you supported a colleague when they complained about discrimination at work.

Different types of discrimination under the Disability Discrimination Act (Northern Ireland)

1 - Direct discrimination (under the Disability Discrimination Act)

This happens when:

• somebody treats you less well than another person who doesn’t have epilepsy; and
• the other person’s circumstances and abilities are the same as, or very similar to yours; and the treatment is because you have epilepsy.

Examples

• You are not offered a job interview because you have epilepsy. But somebody else who has the same skills and qualifications as you, but does not have epilepsy, is offered a job interview.
• Your classmate, who sings no better than you, is allowed to join the school choir. She doesn’t have epilepsy. You are not allowed to join the school choir, because you have epilepsy.

4 - Discrimination arising from a disability (under the Disability Discrimination Act)

This happens when:

• somebody treats you less well than another person who doesn’t have epilepsy; and
• the treatment is because you have epilepsy; and
• they can’t give a fair reason for that unfair treatment.

Example

A beauty salon will not pierce your ears because you have epilepsy. Your friend doesn’t have epilepsy and they will pierce hers.

5 - Failure to make a reasonable adjustment (under the Disability Discrimination Act)

Sometimes, people or organisations may need to make a reasonable adjustment. This is to make sure that you are not put at a substantial disadvantage to other people, just because you have epilepsy. Failure to make this adjustment could be illegal under the Act. The person or organisation that has the duty to make the adjustment is not allowed to pass any cost of making them on to you.

Reasonable adjustments can include:

• making changes to a rule, requirement or practice
• making changes to buildings or premises
• providing equipment that will help you.

Examples

• A teacher gives you written lesson notes because you had a seizure during a lesson. 
• A restaurant gives you a table where there is less risk of injury if you had a seizure. (For example, at the edge of a room, out of the path of the people serving food.) 
• An employer could allow you to start and finish work later than other employees, if you usually have seizures first thing in the morning, provided this fits in with their working practices.

6 - Harassment (under the Disability Discrimination Act)

This happens when somebody behaves towards you in a way you don’t want, such as taunting or bullying, and the behaviour has the purpose or effect of:

• violating your dignity (failing to treat you in a respectful way), or
• creating an intimidating, hostile, degrading, humiliating or offensive environment for you.

Your employer has a duty to protect you from harassment by the people you work with. If your colleagues bully you because of your epilepsy, your employer may be considered responsible for this.

Example

You have epilepsy and see an epilepsy specialist during work hours. Your colleagues make abusive and insulting comments about you, because your epilepsy has caused you to have time off work.

7 - Victimisation (under the Disability Discrimination Act)

This is when:

• somebody treats you less well than other people, because you have complained of disability discrimination; or
• they treat you less well because you have helped somebody else to complain about disability discrimination.

Example

You are not invited to office social events because you supported a colleague when they complained about discrimination at work.