Associative disability discrimination in the workplace occurs when an employee is treated less favourably because they are associated with a person who has a disability. This type of discrimination is prohibited under the Equality Act 2010.
For example, if an employee is overlooked for a promotion because their partner has a disability and the employer believes the employee will need to take time off to care for them, this would constitute associative disability discrimination.
Another example could be if an employee is subjected to harassment or derogatory comments because they have a disabled child, this would also be considered associative disability discrimination.
Employers must ensure that their policies and practices do not disadvantage employees due to their association with disabled individuals. This opens the door to another good example: an employer invites applications for a new role within the company, and its description of the best candidate reads "good attendance." If a father of a disabled person is refused consideration because he had taken parental leave to look after his disabled child, and the employer did not want to make adjustments to this requirement for him, this would be indirect associative disability discrimination under section 19A.
Section 19A of the Equality Act 2010 addresses indirect discrimination, which can also be relevant in cases of associative disability discrimination. For instance, if an employer implements a policy that disproportionately affects employees who are associated with disabled individuals, such as requiring all employees to work overtime without considering the caregiving responsibilities of those with disabled family members, this could be seen as indirect associative disability discrimination.
Furthermore, it is important to note that associative discrimination is not limited to direct relationships such as family members. It can also extend to other forms of association, such as friendships or caregiving roles. For example, if an employee is treated unfavourably because they volunteer to support disabled individuals in their community, this could also be considered associative disability discrimination.
Employers should take proactive steps to prevent associative disability discrimination by providing training to managers and staff, implementing inclusive policies, and ensuring that any complaints of discrimination are taken seriously and addressed promptly. This includes reviewing workplace policies and practises to ensure they do not inadvertently disadvantage employees who are associated with disabled individuals. Employers should also foster an inclusive workplace culture where diversity is valued, and all employees feel supported and respected.
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