Employers will welcome a Court of Appeal decision that robustly rejected the idea that they are obliged to make reasonable adjustments for employees or job applicants who are associated with disabled people (in this case, for a non-disabled employee whose daughter has Down’s syndrome).
The court held that the reasonable adjustment duty only applies where an employee or job applicant is disabled. It does not oblige employers to make adjustments for a non-disabled employee who is in some way associated with a disabled person. However, where an employee has a disabled family member, it would be good practice for a business to do what it can to assist.
Disability discrimination: what employers can’t do
- Rejecting a disabled person for a task that is suitable for them to do (such as not allowing a deaf person to lift heavy boxes, when they are not otherwise physically impaired) is still disability discrimination.
- Unfairly treating an employee that has filed or supported a complaint about discrimination relating to disability, is still disability discrimination.
- Discriminating against a person because of their association with a disabled person is still disability discrimination.
Legal advice about disability discrimination
If you are at all unsure about what is and what isn’t classed as disability discrimination, please contact us. Our Employment Team are always happy to provide you with expert advice, whether you’re an employer or an employee.
Disability discrimination training
If you think that your management team or all employees would benefit from some simple yet comprehensive disability training, call our business employment law specialists.
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