LAW

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Legal Terms - disabled person
According to the Equality Act 2010 (and previously the Disability Discrimination Act 1995), an individual with a physical or mental impairment that significantly and persistently affects their capacity to perform daily activities, and may deteriorate over time, qualifies as disabled; certain conditions, such as HIV and multiple sclerosis, are recognized from the moment of diagnosis. The 2010 Act prohibits discrimination against an individual exclusively on the basis of a disability (e.g., denying employment to a qualified candidate due to cerebral palsy or limited sight). When discrimination arises due to a person's disability, an employer may invoke a defense of justification (e.g., when a wheelchair user is denied employment because the office is located up a steep flight of stairs without an elevator). Nonetheless, the employer is obligated to implement reasonable accommodations for an individual with a disability. These may encompass modifications to premises (e.g. a stairlift) or adjustments to working circumstances. Individuals with disabilities are also safeguarded against *indirect discrimination, *harassment, and *victimization. The legislation is applicable to all employers, irrespective of their size. The Act is supervised by the Equality and Human Rights Commission, which succeeded the Disability Rights Commission.


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