Disability Discrimination And Discrimination

e rights of individuals are one of the most important issues discussed within society today. In the twenty-first century many may believe that the taboo that surrounds discrimination in the workplace is no longer. There has been a variety of legislation passed to ensure that this is abolished in terms of sex , race or disability . In this essay I will focus on the impact that legislation has had on disabled people. I will examine just how far statutory legislation goes to give protection not just within the workplace but also with regard to day-to-day life. From this, it will be necessary to justify if the Government can do anymore than they are currently doing as although the legislation may be dense and of a greater quantity than expected, …show more content…
Mr Clark had suffered a back injury, which left him unable to work for at least 12 months. After four months of his absence, his employer dismissed him, as there was no definite date in which he would be able to return. Clark’s employer stated that he would have dismissed any employee unable to work for that length of time, regardless of their disability. It was thought that it would be unlikely for a single “facially neutral practice ” to affect disability as a group. Unlike other protected groups such as race or sex, disability is a vastly varied category that could not come under one umbrella of classification. As there was no statutory definition the Courts focused on the core concepts of less favourable treatment for a reason related to a disabled persons disability in order to find if the employer was of a discriminatory …show more content…
The facts of the case of Malcolm are as follows: Mr Malcolm was a tenant of a property owned by Lewisham Council. Malcolm sublet his property without the consent and with no knowledge of the council. He had been diagnosed with schizophrenia that had been untreated for a number of years, which the council was unaware of. At first instance, under the Disability Discrimination Act, the Court of Appeal found that Malcolm was classed as disabled, the reason for this being is his illness did have an effect on his ability to carry out day-to-day activities that able-bodied persons could do easily . It further claimed that it was a result of his disability that meant he sublet the property and without the disability, or if it had been treated, his actions would not of been fulfilled