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Perceived Disability Discrimination and the Deficient Equality Act: Interpretive and Legislative Remedies

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  • Michael Connolly

Abstract

The Equality Act 2010 was intended to extend its cover to perceived discrimination, such as dismissing a turbaned Sikh barista under pressure from customers mistaking him for a Muslim. Such mistakes are rooted in stereotyping, fear and prejudice. Disability discrimination is particularly prone to these attitudes, but the Act’s inadequate drafting renders perceived disability discrimination claims exceptionally difficult. This paper suggests some innovative interpretive solutions, but ultimately recommends statutory reform.

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  • Michael Connolly, 2023. "Perceived Disability Discrimination and the Deficient Equality Act: Interpretive and Legislative Remedies," Industrial Law Journal, Industrial Law Society, vol. 52(3), pages 635-664.
    • Handle: RePEc:oup:indlaw:v:52:y:2023:i:3:p:635-664.
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    File URL: http://hdl.handle.net/10.1093/indlaw/dwac033
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