Is There Still Discrimination Towards Disabled People After the Equality Act 2010 - Dissertation Example

Paragraph 1 The primary aim of the Equality Act 2010 is to comingle different laws into a concrete and systematic code that takes into consideration all anti-discrimination laws present in the UK. The purpose of the Equality Act 2010 is to codify both international and local laws such as such as the 1970 Equal Pay Act, the 1975 Sex Discrimination Act, the 1976 Race Relations Act and the 1995 Disability Discrimination Act. Paragraph 2 2 In order to protect disabled people from discrimination, the Act ensures that goods and service providers, landlords and employers are endowed with the responsibility of making easonable modifications to their facilities to ensure access for disabled individuals (Evans 2011, 1). Paragraph 3 The Equality Act 2010 does, however, allow service providers, landlords and employers to implement policies and practices that guarantee effective work operations despite appearing discriminatory. Available literature indicates the effectiveness of the law in deterring discrimination. 3Since 2010, the UK has been free of discrimination towards disabled people, and this is largely attributable to the effectiveness of the Equality Act 2010 (Jackson and Banerjee 2013, 181). Literature review The literature review section of this paper analyses an array of available data on the effectiveness of the Equality Act 2010 in eradicating discrimination towards disabled people since 2010. Paragraph 1 The Equality Act 2010 ensures all public and private institutions implement the rights of disabled people as enshrined in the Act, as well as the United Nations Convention on the Rights of Persons with Disabilities. 4Therefore, the 2010 Act is in line with this Convention on the protecting the rights of people with disabilities (Lawson 2011, 369). Paragraph 2 The Act includes additional protection measures such as indirect discrimination. 5This has enhanced analysis of disability-specific applications and offered new opportunities for debate regarding the need for greater protection of disabled people (Wallace 2011, 1). Paragraph 3 Discrimination towards disabled people during the hiring process has been eradicated since 2010. Before October 2010, disabled people had to defend themselves tremendously despite having the required qualifications. 6The Equality Act 2010 has thus distorted the conventional interview process since disabled people are no longer required to disclose information that could potentially damage their employability (Barber 2010, 1). Paragraph 4 The Equality Act 2010 has eradicated discrimination towards disabled persons by repealing various anti-discriminatory laws. The Act has achieved this by fortifying the law and enhancing equality while also simplifying and consolidating previous laws (Wallace 2011, 1). Paragraph 5 7The Equality Act 2010 has eradicated discrimination by modifying the definition of discrimination to include indirect discrimination, thus enhancing the level of protection offered to disabled individuals (Barber 2010, 1). Paragraph 6 8The eradication of discrimination towards disabled people, in the UK, has come as a result of the ability of the Equality Act to assemble and harmonise 100 different discrimination measures through the idea of protected characteristics (Wallace 2011, 1). Discrimination has also been eradicated since 2010 because the Act provides simple and straightforward protections for all disabled individuals. Paragraph 7 All workers working on contract or apprenticeship are protected. The Act has also eradicated discrimination by doing away with the requirement for a minimum qualifying service or a standard number of hours a worker should work before claiming discrimination. Paragraph 8 9People are typically disabled by barriers and inaccessibility rather than their physical and mental condition (Wilson 2013, 1). 10While the Act has eradicated discrimination by service providers, employers and landlords, individuals in the communities lack sufficient knowledge to deter interpersonal discrimination resulting in social exclusion (Jackson & Banerjee 2013, 67). There is a need for the community to be educated on the equality of all individuals whether disabled or able-bodied. Discussion Paragraph 1 Article 8 of the United Nations Convention on the Rights or Persons with Disabilities influenced the establishment of the Equality Act 2010. Paragraph 2 The Act has allowed disabled people to hold discriminators liable for their actions. The Act is also committed to improving attitudes towards and treatment of disabled people. Paragraph 3 Discrimination against disabled people has also come through the emergence of high profile campaigns, especially in mental health. Campaigns such as Time to Change have played a pivotal role in advancing the eradication of discrimination since 2010. Conclusion The Equality Act 2010 has provided a voice to disabled individuals, allowing them to hold discriminators liable. Therefore, by and large, the Equality Act 2010 has ensured that discrimination towards disabled people, in the UK, there is no longer existent. Abstract In the Great Britain, people living with disability are protected against discrimination in various areas of life. As of 1 October 2010 when the Equality Act 2010 was accented, the British government enhanced the level of protection provided to people with disability. The Equality Act of 2010 came in as a replacement for most of the provisions spelled out in the Disability Discrimination Act of 1995. However, while the 2010 Equality Act implemented some notable changes to the 1995 Disability Discrimination Act, the latter piece of legislation is still applicable in certain areas, especially when discriminative actions took place before 1 October 2010. 11The 2010 legislation tackles a number of areas that affect people with disability, and spells out the appropriate conduct of people who deal with disabled individuals, including, among others landlords and employers (Jackson and Banerjee 2013, 201). By and large, the Equality Act 2010 has been successful in curtailing discrimination against disabled individuals. However, certain factions argue that the Act has a long way to go before it can be considered successful. Introduction The essence of the Equality Act 2010 is to organize diverse laws into a methodical code. The 2010 Act codifies the array of complex acts and regulations at the heart of anti-discrimination laws in Great Britain. In essence, the Equality Act 2010 codifies acts such as the 1970 Equal Pay Act, the 1975 Sex Discrimination Act, the 1976 Race Relations Act and the 1995 Disability Discrimination Act. 12The Equality Act also integrates three fundamental statutory instruments that seek to protect individuals against discrimination in the workplace based on sexual orientation, age and religious beliefs (O’Cinneide 2007, 121). The purpose of the 2010 Act is equivalent to that of four fundamental European Union (EU) directives on equal treatment. As a matter of fact, by requiring equal treatment in terms of access to employment and public and private services regardless of disability, age, sex, religion or beliefs, sexual orientation and gender reassignment, the Equality Act 2010 mirrors and executes the provisions of the EU Equal Treatment Directives. With regard to protecting people with disability, the Act seeks to ensure that employers, landlords and service providers are held liable for making reasonable adjustments to their facilities in order to deter barriers encountered by people with disability. Notably, in this regard, the Act did not alter the existing laws, but only augmented and unified their provisions. The Equality Act 2010 has made discrimination against disabled people due to their mental or physical disability unlawful. The Act also prohibits discrimination by failure to implement reasonable adjustments in order to accommodate individuals with disabilities. The Equality Act 2010 has since 2010 provided protection to disabled people against discrimination in diverse areas such as occupation, access to goods and services, as well as facilities, and employment. This means that employers, landlords and goods and service providers are disallowed from directly discriminating against people due to their actual or perceived disabilities or their association with disabled people. 13These institutions and individuals are also deterred from have policies, procedures or practices, which discriminate against those with some form of disability (O’Cinneide 2007, 124). However, the Equality Act 2010 allows employers to put into practice procedures and policies that while appear discriminatory, are aimed at ensuring proper conduct of work functions. 14With regard to providing access, the Equality Act 2010 ensures legal rights of disabled persons in terms of guaranteeing their accessibility to facilities and goods and services (Great Britain 2010, c. 15). This means it is illegal for service providers to regard disabled people less favourably due to their disability. Service providers are legally required to make reasonable adjustments including installing induction loops for individuals with hearing disabilities, offering training on disability awareness for staff in contact with the public and installing ramps at building entrances. After the implementation of the Equality Act 2010, it was not immediately clear whether the law would be effective in deterring discrimination against disabled people. The purpose of this paper is to assess the successfulness of the Equality Act 2010 in terms of protecting disabled people from discrimination. Since 2010, the UK has been free of discrimination towards disabled people, and this is largely attributable to the effectiveness of the Equality Act 2010. Literature Review 15It is almost three years since the Equality Act 2010 was ratified, and various factions hold different opinions regarding its overall success specifically in terms of protecting disabled people from discrimination. Lawson (2011, 361) argues that the Equality Act 2010 has made massive changes to the employment arena, providing opportunities for employers to enhance equality in their workplaces. Lawson (2011, 363) provides that the Equality Act 2010 has since its enactment enhanced disability equality, which was formerly either seized or missed. For instance, Lawson (2011, 369) suggests that the Equality Act 2010 has allowed Great Britain’s employers to implement disabled people’s rights, which were held up for inspection by the United Nations Convention on the Rights of Persons with Disabilities, which also binds the UK. 16Butlin (2011, 430) articulates that the Equality Act 2010’s protections for disabled individuals are in line with the protection measures provided by the convention. Through the inclusion of additional protection measures, for instance, protection against indirect discrimination, the Equality Act 2010 has been successful in not only highlighting disability-specific applications, but also opened up new opportunities for debate about whether these protection measures need to be extended to cover other protected features. 17According to Wallace (2011, 1) the Equality Act 2010 has introduced provisions with direct and practical effects on employers, service providers and landlords, and this has since forced them to be careful in their review of old procedures and policies. Since the Equality Act 2010 has also outlawed indirect discrimination, it has effectively deterred discrimination of disabled people by adding a new layer to the possible liabilities people and institutions such as employers may face (Wollenberg 2010, 1). One of the primary successes of the Act, in terms of doing away with discrimination towards disabled people, has been its challenge of procedures and policies, for instance, absence management practices that significantly affect employees with disabilities (Wallace 2011, 1). 18Wollenberg adds to the argument by demonstrating how the Equality Act 2010 has done away with discrimination since October 2010. For Wollenberg (2010, 1), there is no longer discrimination towards disabled people during the hiring process, which previously required disabled people to sell themselves harder and defend themselves despite having the desired hiring requirements. 19Barber (2010, 1) argues that while the Equality Act 2010 has the potential to destroy the traditional interview process, this is not necessarily a disastrous thing. Under the new law, employers cannot act questions regarding the applicant’s health, which could discriminate against anyone with disability. At its core, the Equality Act 2010 has, since 2010, been effective in eradicating discrimination against disabled people by introducing an ethical basis on which employers are required to overlook people’s disabilities during the hiring process. 20Under the Equality Act 2010, employers are no longer allowed to ask questions, regarding the health and extent of disability of an individual, as they please (Great Britain 2010, c. 15). This has been great news for people with disability who consider disclosure of such information as weakening their employability. Prior to 1 October 2010, disabled people were nearly twice as likely as able-bodied individuals to be unemployed (Wollenberg 2010, 1). Although this may still be the case today, the reasons behind these statistics are relatively different. At present, discrimination in the recruitment process is not the primary reason behind high numbers of disabled individuals being out of work. 21Wallace (2011, 1) hypothesizes that the Equality Act 2010 been effective in eradicating discrimination towards disabled people since it has effectively repealed a wide array of former anti-discriminatory laws and provisions. For instance, the discrimination laws previously disregarded the effects of indirect discrimination. In essence, Wallace (2011, 1) demonstrates how the degree of discrimination against disabled individuals has dramatically diminished following the ratification of the 2010 Act. This has largely resulted from the ability to the Equality Act 2010 to attain two distinct aims: firstly, to fortify the law and enhance the level of equality, especially for disabled people and, secondly, to simplify while also consolidating existing law. This has gone a long way in ensuring that discriminative acts against disabled people are curtailed thus ensuring that disabled individuals enjoy equal right as typical or fully-able bodied individuals. 22According to Barber (2010, 1) at the core of the Equality Act 2010 is the protection of individuals such as employees from direct, as well as indirect discrimination and victimisation in all aspects of life. For Barber (2010, 1) discrimination is no longer existent since the Act adjusted the definition of discrimination by including indirect means of discrimination, thereby extending protection to people who are discriminated on the basis of their disabilities. This has made it extremely difficult for disabled individuals to be screened out unfairly especially when it comes to applying for jobs and enjoying public and private services. In addition, discrimination towards disabled people is no longer rampant in the UK since the Equality Act 2010 goes further to integrate invisible disabilities in its definition of disability. 23According to the Equality Act 2010 (Great Britain 2010, c. 15) disability does not necessarily denote an obvious or noticeable disability. On the contrary, the Act defines a disabled individual as one with a mental or physical impairment, which has a substantive and long-term deleterious impact on the individual’s capacity to perform standard day-to-day activities such as using the telephone, writing, reading and having a conversation. In this light, the Act provides that the term long-term denotes an impairment that has lasted for at least a year (Great Britain 2010, c. 15). Therefore, the Act has been successful in deterring discrimination by making it clear that the significant issue is not the impairment, but rather its effect. As a consequence, impairments such as back pain, dyslexia and asthma are now considered a disability if the adverse implication on the individual is both substantial and long-term (Great Britain 2010, c. 15). This means that today employers are disallowed from discriminating against workers who suffer conventional diseases. However, diseases such as HIV, multiple sclerosis and cancer are considered substantial and long-term from the date of diagnosis. The new definition of disability has facilitated the deterrence of discrimination towards people with diseases that were not previously deemed as disabilities. The Act has further been successful in doing away with discrimination against people with temporary, but long-term injuries who would typically not be considered as having a disability. The fact that disability does not have to be apparent has meant that goods and service providers, landlords and employers have become exceptionally alert. This alertness has also been heightened because disabled people may not identify themselves, thus the burden of proof lies with the goods or services provider, employer or landlord (Great Britain 2010, c. 15). This heightened alertness has additionally ensured that these providers make provisions for access by disabled people, thereby deterring discrimination towards the disabled. 24However, Wallace (2011, 1) argues that the success of the Equality Act 2010 in regards to its initial aim has been relatively limited. This limited success could be one of the reasons for the few reported cases of discrimination against disabled people in the UK. Notably, while the 2010 Act has introduced numerous brand new regulations such as positive action, as well as combined discrimination, with the capacity to enhance the strength of the law by improving equality, it is clear over the last year that these measures have not provided the anticipated benefits (Wallace 2011, 1). On the other hand, Wallace (2011, 1) argues that the Equality Act 2010 has been able to achieve its second objective successfully by assembling at least 100 distinct discrimination measures and harmonising them through the concept of protected characteristics. It is through this harmonization that the Equality Act 2010 has been able to deter discrimination since its enactment. The cases of discrimination against disabled people have diminished dramatically particularly because the new law is simple and straightforward in its protections. The Disability Discrimination Act of 1995 set out vital new protections and rights for disable individuals across the UK. For the initial time in history, this provided disabled individuals the freedom or right to object to discrimination when accessing services and goods. However, 15 years since the enactment of the DDA, people with disability were still prone to problems such as accessing facilities such as shops and essential services. The definition of equal access to goods and services as a basic right in the Equality Act 2010 has been one of its major successes. 25This has meant that disabled people are no longer discriminated against in terms of accessing goods and services based on their impairment (Great Britain 2010, c. 15). The Equality Act 2010 has ensured that discrimination against disabled people is now a thing of the past. The Act has done this by ensuring that existing employees, workers employed through contracts, apprentices and job applicants can successfully bring a disability discrimination case against employers. The Act has done away with all provisions for a minimum qualifying service or number or hours a worker needs to work in order to make a claim (Great Britain 2010, c. 15). Today, it is largely recognized that it is the inaccessibility and barriers, which people encounter that makes them disabled.26 This means that although the Equality Act 2010 has generally been able to deter discrimination towards disabled people, the few cases of such inaccessibility have denied disabled individuals equal opportunities (Varney 2013, 69). This has in turn, resulted in equality, disability poverty, as well as social exclusion. Although public and private providers of goods and services, as well as employers, are well aware of the provisions of the Equality Act 2010, not all people, whether able-bodied or disabled are aware of these provisions. Such lack of knowledge has played a major role in continuing the culture of discrimination by individuals within the communities. Access to employment and goods and services is only a fraction of the wider issue of discrimination since disabled people also encounter discrimination from their peers in the community. Discussion On 8 June 2009, Great Britain sanctioned the United Nations Convention on the Rights or Persons with Disabilities. The Convention is essentially a human rights treaty that clarifies that disabled people possess, and should thus enjoy identical human rights as others. The 2009 Convention set a globally acknowledged benchmark for the protection of human rights of disabled people. Countries such as the UK are measured against this benchmark. In order to compel parties to the Convention to deter discrimination towards disabled people, the Article 8 of the Convention entails numerous requirements. 27For instance, its requires states to increase awareness throughout society at the local and national level regarding people with disability and promote respect for the dignity and rights of all disabled individuals (United Nations 2006, 1). In addition, Article 8 requires countries to tackle stereotypes and harmful practices towards disabled people, including those based on age, sex and other areas of life. Lastly, the Convention also promotes awareness regarding the contributions and capabilities of disabled individuals. In keeping with the requirements of this Convention, the UK enacted the Equality Act 2010 that has played a major role in eradicating discrimination towards disabled people since October 2010. 28The Equality Act 2010 has, among other things, provided an avenue through which disabled people hold their discriminators liable for all discriminative actions (Great Britain 2010, c. 15). The Act is committed to not only improving people’s and organisations’ attitudes towards disabled people, but their treatment of people with disability, as well. 29This treatment involves making proper and reasonable provisions for disabled people to gain access to public and private facilities and goods and services (Varney 2013, 189). Part of the success achieved by the Equality Act in terms of deterring discrimination against disabled people has been because the Act places immense responsibilities on public authorities to ensure and guarantee equality of opportunities for disabled people together with other protected characteristics such gender, age, race and sexual orientation (Great Britain 2010, c. 15). It was with this in mind that the London 2012 Olympic and Paralympic games sought a legacy for commitment to improve opinions regarding disabled people. Following the enactment of the Equality Act 2010, a number or high profile campaigns have been initiated especially in the area of mental health where both discrimination and stigma are most prevalent. These campaigns include the Time to Change campaign, which are championed by charities such as Mind and Rethink. These initiatives in conjunction with the overall legal effectiveness of the Act have ensured that disabled people are treated equally as able-bodied individuals in all areas of life (Varney 2013, 219). Since 2010, the attitudes of UK citizens towards disabled individuals have improved quite substantially. Notably, while people considered disabled people as getting in their way, or related to them with awkwardness and discomfort, since 2010, people are most likely to consider disabled people as the same as able-bodied individuals. Previously, prejudice towards disabled people was quite widespread, however, today; people do not act openly negative towards disabled individuals. As a consequence, interactions between disabled and able-bodied people are cordial. 30The interpersonal implication of the Equality Act 2010 is indicative not only of the law’s effectiveness in changing perceptions regarding disabled people, but also speaking to the ethical need to treat all individuals with the same respect for their human rights and dignity (Office for Disability Issues 2008, 1). Conclusion The 2010 Equality Act defines disabled people as those with physical or mental impairments with substantive, as well as long-term negative implications on their abilities to perform standard daily activities (Great Britain 2010, c. 15). Discrimination entails the treatment of disabled people unfavourably due to their disabilities. Organizations, both public and private have the legal responsibility of executing the provisions of the 2010 Act. Employers have been largely effective in adjusting the workplace to enhance access by disabled people and ensuring disabled employers have sufficient (and paid) time off to receive treatment, rehabilitation or assessments. In this regard, the Act has also played a major role in enhancing training for both disabled individuals and their colleagues to ensure effective conduct of work-based function. Through the implementation of these adjustments, employers have able to adhere to the provisions of the Equality Act 2010 thereby doing away with discrimination against disabled individuals. Employers have, thus been able to foster amiable relations between individuals who exhibit protected characteristics and those that do not. 31Since the enactment of Equality Act 2010, employers and goods and service providers have been able to effectively take reasonable and practicable measures in order to protect disabled individuals affected by their normal work activities from the risk of both harm and injury (Great Britain 2010, c. 15). As a consequence, discrimination towards disabled people in the UK there is no longer existent. References Barber, J. 2010. ‘Equality Act Takes Effect Today’. HRmagazine, Oct 01. http://www.hrmagazine.co.uk/hro/news/1018506/equality-act-takes-effect#sthash.XfjNCbFv.GnPXzvVF.dpuf Butlin, S. F 2011. ‘The UN Convention on the Rights of Persons with Disabilities: Does the Equality Act 2010 Measure up to UK International Commitments?’ Industrial Law Journal 40 (4): 428-438. Evans, S. 2011. ‘The Equality Act: Complete Renovation or Papering over the Cracks? Legislation Introduced in 2010 Could Mean That Landlords Have a Greater Responsibility to Their Disabled Tenants’. The Guardian, September 01. http://www.theguardian.com/housing-network/2011/sep/01/equality-act-renovation-papering-cracks?INTCMP=SRCH Great Britain, 2010, Equality Act 2010 (c. 15), Her Majesty's Stationery Office (HMSO), London. Jackson, K., and Banerjee, L. 2013. Disability discrimination: Law and case management  paperback. London: The Law Society. Lawson, A. 2011. ‘Disability and Employment in the Equality Act 2010: Opportunities Seized, Lost and Generated.’ Industrial Law Journal 40 (4): 359-383. O’Cinneide, C. 2007. ‘The Commission for Equality and Human Rights: A New Institution for New and Uncertain Times.’ Industrial Law Journal, 141. Office for Disability Issues. 2008. Experiences and expectations of disabled people. 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Disability Discrimination: Access to Goods, Services and Facilities under the Equality Act 2010 - Commons Library Standard Note, 03 April| Standard notes SN01749. http://www.parliament.uk/briefing-papers/SN01749 Wollenberg, A. 2010. ‘Equality Act – a Health Warning for the Sick and Disabled: The Equality Act Brings the UK in Line with its Competitors, but May Not Be Much Good to Jobseekers Who Are Disabled or Suffering From a Medical Condition.’ The Guardian, October 02, http://www.theguardian.com/money/2010/oct/02/equality-act-sick-disabled Read More