Workplace Report (November 2006)

Features: Law Disability discrimination

Disability discrimination

Do "coping strategies" affect whether someone is disabled? This month's round-up provides the answer.

The key developments

* An employer does not have to extend sick pay for a disabled employee (case 1).

* If an individual uses "coping strategies" so that an impairment no longer has a substantial adverse effect on his/her day-to-day activities, s/he will not meet the definition of a disabled person (case 2).

* It is for the claimant to provide medical evidence in support of his/her claim that s/he has a disability (case 3).

The basic legal rules

It is illegal for an employer to treat a disabled person less favourably; this includes refusing for a disability-related reason to hire or promote them. Employers must also make reasonable adjustments to remove any disadvantage faced by a disabled person.

A disability is defined as an impairment that lasts at least a year and has a substantial adverse effect on a person's ability to carry out normal day-to-day activities.


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