Proposed changes on who is protected

This page outlines proposed changes on the meaning of 'disability', and also on what grounds of discrimination can be unlawful. The proposed changes would not necessarily apply to Northern Ireland.

Guidance on meaning of disability

The Government Equalities Office has been consulting on revised draft guidance on the meaning of disability. The draft included specific examples on stammering. The final guidance is awaited. More on 'meaning of disability' consultation...

Dual discrimination

The Equality Act 2010 has a provision (not yet in force) to cover direct discrimination on up to two combined grounds, e.g. disability and gender, or disability and race. For more, see Equality Act 2010: Who is protected: Dual discrimination.

Changes not being made

Further widening of the definition of 'disability'

It was proposed that an impairment should not need to have a 'substantial' or 'long-term' effect in order qualify as 'disability'. This would be a very important change. For more, see Proposed changes: wider definition of 'disability'?

Genetic discrimination

The (Labour) Government considered that the balance does not, at this time, favour legislation to prohibit genetic discrimination. This is partly because there remains little hard evidence of a problem at present. Also there is a moratorium with the insurance industry which has been extended to 2014. Should legislation appear necessary in the future, it may be more appropriate to strengthen data protection legislation or make specific rules. (Government response to the Discrimination Law Review, July 2008, 15.14ff)

The DRC had considered there should be legislative protection from discrimination on the basis of genetic predisposition, and from requirements to undergo a genetic test or to disclose the results of one. However, this would not necessarily be part of the DDA. It pointed out that the Human Genetics Commission had said they think legislation is needed. (A Framework for Fairness Response (on archived DRC website), pages 69-70).

Is this relevant to stammering? Genetic make-up seems to make some people more disposed to have a stammer, but does not make it inevitable the person will stammer - www.stammering.org/research_links.html#genetics. However stammering, if it develops at all on a genetic basis, will normally be apparent from early childhood in any event.

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Proposed changes on who is protected

Guidance on meaning of disability

Dual discrimination

Changes not being made

Further widening of the definition of 'disability'

Genetic discrimination

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