Discrimination arising from disability
The Act states how discrimination can arise from disability. There are 3 conditions listed, that if met, will mean that the University will have been found to discriminate against disabled people.
Discrimination arising from disability will occur if the following three conditions are met:
- You treat a disabled student unfavourably thereby putting them at a disadvantage – even if that was not the intention, and
- The treatment is because of something connected with the disabled student’s disability such as an inability to walk, and
- You cannot justify the treatment by showing that it is “a proportionate means of achieving a legitimate aim”.
If the University has not complied with the duty to make reasonable adjustments, it will be difficult to show that the treatment can be justified.
Continue reading about the Equality Act 2010
A student who is known to have autism speaks out of turn during tutorials as a result of his disability. This can cause a disruptive atmosphere for the tutor and other students, Because of his behaviour, the tutor asks him not to attend tutorials, without thinking about whether any reasonable adjustments could be made. This is likely to be discrimination arising from disability unless the treatment can be justified.
If you can act quickly and put reasonable adjustments in place for disabled students, discrimination arising from disability can be avoided.