We are in the process of preparing new factsheets and materials to explain the new Equality Act 2010. These will provide information on the new rights, for example discrimination by association and perception, dual discrimination and indirect discrimination.
For current information on the Equality Act 2010, including online and downloadable copies of the full Act, please refer to the Government Equalities Office website.
The Equality and Human Rights Commission is currently working on new Codes of Practice and Guidance and will publish these before Autumn 2010.
Who is covered under the Act
The DDA defines disability as "a physical or mental impairment which has a substantial long-term adverse effect on his / her ability to carry out normal day to day activities".
A person is only protected by the DDA if they meet the definition of disability set out in part 1 of the DDA, or if they have a history of such a disability.
Blind and partially sighted people
In April 2003, Regulations were passed which mean that anyone who is registered as blind or partially sighted, or is registerable, will be automatically covered.
If you face discrimination based on a disability, that you have had in the past but have subsequently recovered from, you will be covered. You will also be automatically covered if you have a severe disfigurement, cancer, HIV or MS.
Some progressive conditions that may not fall into the category of impairments with an immediate substantial or long-term adverse effect will be covered.
Determination of 'a substantial adverse effect'
A number of factors should be taken into account in determining what a substantial effect is. These are the most important ones for blind and partially sighted people:
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how much time is taken to complete a task
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how the task is completed
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cumulative effect of minor impairments should be considered
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environment
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if a person wears glasses or contact lenses to correct their vision, the 'substantial adverse effect' would be judged with the glasses or contact lenses worn.
What will be considered as a 'long-term effect'
Any condition which has lasted at least 12 months, which is likely to last at least 12 months or which is likely to last for the rest of the person's life.
What will be considered as 'normal day to day activities'
The activity must be considered as normal to most people and carried out by most people on a daily or frequent basis. The Act lists a number of activities which have to be affected in order to be classed as having an impact on normal day to day activities - this includes eyesight.
Blind and partially sighted people
The Government's Guidance provides a number of examples:
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inability to see to pass the eyesight test for a standard driving test
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difficulty recognising by sight a known person across a moderately-sized room
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inability to distinguish any colours at all
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difficulty reading ordinary newsprint
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difficulty walking safely without bumping into things.
A person with sight problems only has to fulfil one of the examples mentioned above to qualify under the Act. Many blind and partially sighted people will be deemed to be disabled because of their having been certified or registered as blind or partially sighted; otherwise, they will have to fit within the definition as outlined above.
Useful links
Equality and Human Rights Commission (EHRC).