How do I know if my disability is covered by the Equality Act 2010?

The disability discrimination provisions of the Equality Act 2010 state that you have to show that you have a physical or mental impairment, which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. We examine each of these issues in turn:

• Impairment.The Equality Act does not include a list of impairments, but the accompanying Code of Practice for Employment, produced ty the Equality and Human Rights Commission, includes more information. Court cases have applied disabiity discrimination protection to back disorders, depression, asthma and ME (chronic fatigue syndrome). 'Mental impairment' also includes learning difficulties.
• Long-term means the disability must have lasted, or can be expected to last, at least 12 months or, indeed, for the rest of your life.
  • People with a fluctuating condition that is likely to recur within 12 months are covered.
  • People with progressive conditions, such as cancer, multiple sclerosis or HIV, are included from their diagnosis.
• Normal day-to-day activities include:
  • mobility
  • manual dexterity
  • continence
  • ability to lift, move or carry everyday objects
  • speech
  • hearing
  • sight
  • memory
  • ability to learn, understand or concentrate
  • perception of risk or physical danger

People who have had a disability within the definition continue to be protected even if they have since recovered.