What constitutes disability discrimination?

Discrimination against disabled persons in different areas of their lives is against the law.

You may be able take legal action if you witness disability discrimination in one of these situations.

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It is against the law to discriminate against people with disabilities in certain areas, such as access to public transportation services.

Discrimination against disabled people can be either direct or indirect

Direct discrimination refers to situations in which you are treated differently because of your disability than someone who does not have a disability.

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This is an example of discrimination based on disability

A pub allows families with cerebral palsy children to enjoy beer in the garden, but not in the family room. The disabled family does not have the same options as other families.

Indirect discrimination refers to situations where a rule, policy, or practice seems to be equally applicable to all, but actually places disabled people at an unfair disadvantage relative to those who aren’t disabled.

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This is an example for indirect discrimination

Local authorities create information leaflets about their services that are available to the public. To save money, the leaflet is not made in an easy-to-read format. This could make it harder for people with learning disabilities to access services, and could lead to indirect discrimination.

Sometimes it’s possible to justify a rule, policy, or practice that places disabled people at disadvantage. It could be for safety or business reasons. It won’t be considered discrimination if this is the case.

Discrimination arising out of disability is another type of discrimination. This is when someone is treated unfairly because of a disability. There is no reason to do this. They may be required to use a guide dog, but no adjustments are made.

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Discrimination is also if an individual does not make reasonable adjustments to enable disabled people to use a service or perform a job. This could include providing a Braille information leaflet. This is known as the duty to make reasonable adjustments.

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