I came across a post on an asthma group on FB and I’ve ended up looking through the equality act lately. Obviously it prohibits discrimination against those with protected characteristics, disability being one of them.
Under the act, disability is defined as
“A person has a disability for the purposes of the Act if he or she has a physical or mental impairment and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.”
Now there’s a very big list of impairments that result in disability but it includes…
”A disability can arise from a wide range of impairments which can be: ….
- organ specific, including respiratory conditions, such as asthma, and cardiovascular diseases, including thrombosis, stroke and heart disease”
It’s the effect of the impairment that matters. So if you have asthma that affects your day to day activities that very much counts as a disability under the act (as I understand it, even if you manage to control it with medication as the act takes into account the effect the condition has on you without medication).
Many asthmatics have attacks triggered by furry animals, including attacks so severe it’s life threatening. A severe allergy can count under the act also. For example, I came across a discrimination case where a chef had an allergic reaction to nuts and his employer wouldn’t make adjustments and the court found in his favour.
Now, as far as I understand it, businesses are supposed to make reasonable adjustments and not discriminate. Are they allowed to not bother? Can they simply shrug their shoulders and say to a wheelchair user, for example, “sorry this place isn’t for you, I’m sure you understand it’s just a business decision, supply and demand, I can’t fit in lots of customers if I allow space for you. It affects my profits. Go elsewhere.”? And then when all the other businesses are the same and there isn’t an elsewhere?