Most of the Equality Act 2010 came into force on 1st October 2010. How has this changed the landscape for the disadvantaged student or graduate?
The new Act makes it more difficult for disabled people to be unfairly screened out when applying for jobs, as employers cannot now ask health or disability-related questions until AFTER they have made you a job offer.
There are four exceptions to this:
1. Some employers take positive action to give an advantage to those with a disability (such as giving them an automatic interview) – If so, they can request this information.
2. Some employers want to specifically employ someone with a disability, in which case they can have it as a requirement of the job.
3. Many employers monitor their discrimination and can ask about gender, disabilities and ethnic origin etc. But they can request this only if it stays separate from the selection process.
4. Employers can request information where a particular function which is intrinsic to the role would prohibit those with certain specific disabilities from doing the job (i.e. a lifeguard needs to be able to swim a certain distance whist supporting another person in the water so an employer can legitimately ask if a potential employee can do this).
However an employer must still keep to the reasonable adjustment rules, so they cannot automatically say no.
The Act includes a new Equality Duty (expected to come into force in April 2011) which will bring together the existing race, disability and gender duties, and extend to cover age, sexual orientation, religion or belief, pregnancy and maternity and gender reassignment in full. The Act provides for positive actions, such as employers offering shadowing or training opportunities to ethnic minorities.
More information can be found at;
Equality Act 2010: What do I need to know?
FAQs on commencement of the Equality Act 2010
ACAS – The Equality Act 2010
Health warning from The Guardian