The Equality Act protects you against unfair treatment in the workplace and when using public services if your hearing loss fits the definition of a disability.
What the Equality Act covers
The Equality Act 2010 is a law that bans discrimination based on:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation
The Equality Act applies in England, Wales and Scotland.
It does not apply in Northern Ireland, but you’re still protected by the Disability Discrimination Act 1995.
What disability means in the Equality Act
The Equality Act says that a disabled person is someone who has, or has had, a disability.
A disability under the Act is defined as ‘a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities’.
If you are deaf or have hearing loss or tinnitus that fits this definition, you will have rights under the Act, even if you don’t think of yourself as being disabled.
How the Equality Act protects you from discrimination
The Act puts legal responsibilities on individuals and organisations, including:
- employers
- healthcare providers
- other service providers, such as cinemas, museums and cafes
- educational bodies, such as schools and universities
- landlords
- transport providers
It protects you from different types of discrimination, harassment and victimisation.
Direct discrimination
This is when you’re treated less favourably than someone who isn’t disabled.
You’re also protected from discrimination because of your association with someone who has a disability, or because you’re thought to be disabled.
Discrimination arising from disability
This is when you’re treated less favourably because of something connected with your disability, rather than the disability itself.
It may not count as discrimination if the employer or service provider can justify the reason for the different treatment, or if they do not know that you’re disabled.
Indirect discrimination
This happens when a rule, policy or practice is applied to everyone, but it has a particular disadvantage for disabled people. It may not count as discrimination if it can be justified.
Failure to make reasonable adjustments
A reasonable adjustment is a change that employers and service providers must make so that you’re not at a ‘substantial disadvantage’.
The duty to make reasonable adjustments can cover:
- changing the way things are done, such as a process or policy
- changing a physical feature, such as steps to a building
- providing an auxiliary aid or service, such as a hearing loop or an interpreter
Harassment
This is unwanted behaviour that has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Victimisation
This is when you’re treated badly because you’ve made or supported a complaint under the Equality Act.
Get support if you’re experiencing discrimination
There are organisations that can help:
- the Equality Advisory and Support Service (EASS) can give you advice on your rights and help you complain to a service provider
- the Disability Law Service can offer support to take legal action in some cases