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Policy on accommodating disabilities of employees

There have been several court cases in the UK and Europe, and it is now accepted that obesity itself is not a disability.However, where obesity causes an impairment which is substantially adverse and long-term, that impairment might be regarded as a disability by an employment tribunal.Both employers and employees should bear firmly in mind that whether a condition related to obesity is likely to amount to a disability will depend on all the particular circumstances of the individual case.Nevertheless, employers need to ensure obese employees are not subjected to offensive comments or behaviour because of their weight and that obese job applicants are not discriminated against because of their weight.Also, there are two other types of discrimination regarding disability.

Reasonable adjustments might also include changing some of the employee's duties, but an employer does not have to change functions essential to the role.It breaks down into three different sorts of treating someone 'less favourably' because of: Can occur where a workplace rule, practice or procedure is applied to all employees, but disadvantages those who are disabled.A disabled employee or job applicant claiming indirect discrimination must show how they have been personally disadvantaged, as well as how the discrimination has or would disadvantage other disabled employees or job candidates.The Equality Act 2010 makes it unlawful to discriminate against employees (including workers) because of a mental or physical disability.View or download the new Acas guide Disability discrimination: key points for the workplace [601kb].Is when someone is treated differently and not as well as other people because of disability.For example, an employer does not employ a disabled person just because it does not want disabled people in its workforce.(Spanish, Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Tagalog and Vietnamese editions available from the ADA Information Line.) Questions and Answers: The Americans with Disabilities Act and Persons with HIV/AIDS | PDF A 14-page publication explaining the rights of persons with HIV/AIDS under the Americans with Disabilities Act (ADA), and the requirements of the ADA for employers, businesses and non-profit agencies that serve the public, and State and local governments to avoid discriminating against persons with HIV/AIDS (June 2012)."Ten Employment Myths" Many employers misunderstand the Americans with Disabilities Act and are reluctant to hire people with disabilities because of unfounded myths.If adjustments are 'reasonable', an employer must make them to ensure its workplace or practices do not disadvantage a disabled job applicant or employee already with the organisation.Employers should ensure they have rules in place to prevent disability discrimination in: If a workplace feature or practice puts an employee with a disability at a disadvantage, an employer should look to see what 'reasonable adjustments' it can make and meet with them to discuss what can be done to help them.

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