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The Invisible Law of Visible Difference: Disfigurement in the Workplace

Accepted version
Peer-reviewed

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Article

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Abstract

jats:titleAbstract</jats:title> jats:pThe Equality Act 2010 provides that people with severe disfigurements are deemed to be disabled. Through the lens of the Convention on the Rights of Persons with Disabilities and models of disability, this article highlights a number of difficulties with the the Act’s approach , including the problematic ‘severity’ threshold, the issue of complex conditions which include both disfigurement and functional impairment and a lack of provision for progressively disfiguring conditions. Analysis is then provided of opportunities to mitigate these difficulties, specifically the concept of perceptive discrimination, and the application of the duty to make reasonable adjustments to disfiguring conditions. It is argued that the law needs to be reformed and options for change are presented.</jats:p>

Description

Keywords

48 Law and Legal Studies, 4807 Public Law, Rehabilitation

Journal Title

Industrial Law Journal

Conference Name

Journal ISSN

0305-9332
1464-3669

Volume Title

Publisher

Oxford University Press (OUP)

Rights

All rights reserved