Disability Rights and Protected Characteristics in Employment

Sandra-2
Author
Sandra Healy
CEO and Founder at inclusio
August 16, 2023 - 4 min read

 

What are Disability Rights? 

In the UK and Ireland, individuals are protected by law against discrimination based on their characteristics or attributes, commonly known as "protected characteristics." One of these characteristics is disability, which includes both physical and mental impairments that have a substantial and long-term effect on a person's ability to carry out day-to-day activities.  

The protection against discrimination applies not only to employees and job seekers but also to customers and service users. This means that businesses and organizations must take steps to ensure that disabled people can access their services without facing any additional barriers.  

However, despite these protective measures, disabled individuals still report facing challenges and discrimination in various aspects of their lives. 

The topic of disability is a complex and often misunderstood one - one that does not receive enough attention. While disability is a part of the human experience, there are many factors that contribute to the discrimination and stigmatization that often accompanies it.  

One such factor is the concept of "protected characteristics" - a term used to describe a set of characteristics that are protected under the law. These characteristics include disability, as well as gender, age, ethnicity, and more.  

However, despite being legally protected, people with disabilities often face significant challenges in accessing education, employment, and basic services. This article will explore the nuances of protected characteristics, with a particular focus on disability, in the UK and Ireland.  

Through understanding these complexities, we can begin to create a more inclusive society for everyone - regardless of their protected characteristics. 

 

Disability as a Protected Characteristic  

Protected characteristics - the term itself seems almost innocuous, a kind of legalistic jargon that could hardly be expected to raise anyone's pulse.  

But beneath that slightly obtuse exterior lies a crucial piece of social policy, one that has the power to transform the lives of millions of people. So what exactly are these protected characteristics, and why do they matter so much? Put simply, protected characteristics are a set of categories that are legally recognized as defining an individual's identity in a significant way.  

In the UK and Ireland, these include things like race, gender, sexuality, and yes, disability. The idea is that people who belong to these groups are more likely to face discrimination, exclusion, and inequality than those who don't.  

By providing explicit legal protections for them, we can help to level the playing field and create a fairer society. Working with a disability is one area where these protections can be especially important.  

People with disabilities often face barriers in the workplace, from physical access issues to negative attitudes from colleagues and employers. But if you have a protected characteristic on your side, you can more easily challenge discriminatory practices and demand fair treatment.  

Of course, there are still plenty of challenges and obstacles to overcome when it comes to disability rights. For example, not all disabilities are visible, which can make it harder to prove that you're being discriminated against.  

And even with legal protections in place, it can still be tough to find and keep a job when you have a disability. But by continuing to promote understanding and awareness of these issues, we can start to break down those barriers and create a more inclusive world for everyone. 

 

What are the Obligations of Employers Under Disability Rights Laws?

As we move towards a more inclusive society, it's important to understand the various forms of discrimination that are still present in the workplace. Disability discrimination is a significant problem in the UK and Ireland, with many disabled individuals experiencing unfair treatment on a regular basis.  

Under the Disability Equality Act, employers are legally required to make reasonable adjustments to ensure that disabled employees are not put at a disadvantage. This may include alterations to the workplace or the provision of additional equipment.  

Despite this legal requirement, the reality is that many employers still fail to take the necessary steps to provide equal opportunities for disabled workers. It's time for us to recognize the value that disabled employees bring to the workplace and to work together to create a more inclusive society.  

So, it's important to ensure disability equality in the workplace according to the Disability Equality Act. 

 

How to Support Employees with Disabilities 

Inclusion and understanding may seem like buzzwords on the surface, but they hold real importance when it comes to disability rights. When we dive into the concept of protected characteristics in the UK and Ireland, we must have clarity on what it means to create an inclusive society that values differences.  

For those with disabilities, understanding and accommodating their needs in both public and private realms promotes equality and ensures equal access to the same rights that non-disabled individuals enjoy. With the coronavirus pandemic bringing to light how easy it can be to forget about vulnerable populations, it's essential that we remain vigilant in our fight for disability rights.  

It's not just important for individuals with disabilities to have access to basic rights; it's vital for our society as a whole to be held accountable for guaranteeing equal opportunities for everyone, regardless of ability. 

 

Other Common Questions about Disability Rights in Employment 

What Does it Mean to Have "Reasonable Accommodation" in the Workplace? 

 

Imagine a world where you are denied employment opportunities, simply because of a characteristic that you cannot control. That's the reality for millions in the UK and Ireland with disabilities, who face discrimination daily.  

Fortunately, legal protection exists to ensure that individuals with disabilities are not subjected to unfair treatment. Under UK law, it is unlawful to discriminate against someone on the grounds of their disability.  

This includes direct discrimination, discrimination based on association, and 'discrimination arising from a disability'. Additionally, employers are required to make 'reasonable adjustments' to accommodate individuals with disabilities, such as providing accessible facilities or adapting working hours.  

These protections are crucial for disabled employees to fully participate in the workforce and earn a living. So, let us continue to dive into the complexities of disability and employment, and strive towards creating a more inclusive and equitable society for all.  

 

Conclusion 

In the UK and Ireland, disability is a protected characteristic that demands attention and inclusion. The struggle for equal rights and accessibility is still ongoing, as many disabled individuals find themselves excluded from some of society's basic offerings.  

Despite that, though, there have been advancements that give cause for optimism. From the Disability Discrimination Act to the steady rise of disability representation in media and politics, there are signs of progress and hope for a more inclusive future.  

However, we must also recognize that the road ahead is long and winding, and that much work remains to be done to ensure that every person, regardless of ability, receives the respect and equal treatment they deserve. Let us continue to advocate for and celebrate the diversity of all individuals, recognizing that differences should be embraced and valued rather than feared or ignored.  

Ultimately, it is in our differences that we find our greatest strengths and the potential for a truly inclusive society. 

About the Author: 

Sandra is an Organisational Psychologist and NLP Master Practitioner. Over 17 years she has championed and driven diversity and inclusion practice across industry and is considered a leading expert. In 2014, she was involved in establishing the EU Diversity Charter Ireland. In 2020 Sandra was a member of the Expert Advisory Group for Ireland’s Citizens Assembly. 

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