UK disability discrimination law and stammering / stuttering
Regulations say that a tendency to physical abuse cannot be a disability under Equality Act 2010. It had therefore been held that an autistic child with a tendency to lash out could not claim under the EqA when he was excluded from school. The court held this regulation is incompatible with Article 14 of the … Read more C & C v The Governing Body of a School
The court re-interpreted the Equality Act to comply with EU law, so that a student discriminated against by her work placement provider was not left without a claim. She was entitled to claim against the provider in an employment tribunal. Her right to do this should be excluded only so far as the EqA provisions … Read more Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust
United States District Court for the Eastern District of Pennsylvania, 2010. A medical student in the United States was granted a preliminary injunction allowing him to use a text-to-speech device in a medical exam, under the Americans with Disabilities Act (ADA). As at mid-May 2010 the decision was being appealed. Podcast on stuttertalk.com (Episode 200) … Read more United States case: Hartman v National Board of Medical Examiners (NBME)
The Court of Appeal held that the House of Lords decision in LB Lewisham v Malcolm applies to education. In this case, a school’s exclusion of a child with ADHD was not disability-related discrimination because the school would have excluded a non-disabled child who behaved in the same way. The Court of Appeal reasoning would … Read more R (N) v London Borough of Dagenham and Barking Independent Appeal Panel