Visible and Invisible Disabilities: Understanding the Equality Act 2010
‘Disability’: The Definition by Law
Under the 2010 Equality Act, the definition of a ‘disability’ is much broader than many think. An individual is disabled under this Act if they have ‘a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities’.
This definition demonstrates that disabilities can be visible and invisible, including long-term illnesses such as HIV or cancer.
So, what is the difference between a visible and invisible disability?
A visible disability is a disability the naked eye can see. It is essential to clarify that not all physical disabilities are visible.
Alternatively, an invisible disability is not immediately apparent. However, we should not believe that just because we cannot see evidence of one’s disability, it does not exist, as this can lead to discrimination.
The 2010 Equality Act: What Changed?
The introduction of the 2010 Equality Act was arguably pivotal for the disabled community. It created a more inclusive definition, including long-term illnesses and enshrined the concept of ‘reasonable adjustment’. It also gave disabled employees more protection, enabling them to take their employer to an employment tribunal if they failed to make reasonable adjustments.
However, statistics provided by the Solicitor Regulation Authority infer that many still feel unable to disclose their disability, demonstrating more can be done to promote disability inclusion within law firms. In 2020, only 3% of solicitors declared having a disability despite an estimated 19% of the working-age population being disabled.
What Is A ‘Reasonable Adjustment’?
‘A reasonable adjustment is a change an employer must make to any elements of the recruitment process or job that place a disabled person at a substantial disadvantage compared to non-disabled people.’ For example, holding the interview in a wheelchair-accessible room or allowing a guide dog into the workplace. It could also look like providing recruitment documents in a larger print or providing additional time to complete assessments.
A survey carried out by Cardiff Business School in 2019 on barristers, solicitors and paralegals suggested that limited opportunities to request reasonable adjustments at both the application and recruitment stages acted as critical obstacles for disabled candidates. Many were unwilling to initiate a request for reasonable adjustments out of fear of discrimination.
What More Can Be Done?
Law firms could monitor disability diversity throughout the recruitment process and use this data to identify how to encourage more disabled applicants to apply.
Law firms should focus similarly on other areas of disability as they do for mental health and wellbeing.
Senior staff and managers could initiate the conversation on providing workplace adjustments for those who do not feel confident enough to initiate a request.
Law firms could provide training on visible and invisible disabilities to staff to prevent discrimination or judgement, which may ensure more feel able to disclose their disability.
Finally, providing networking opportunities for disabled staff and engaging with these networks to better understand the barriers that disabled people face.
Do you think law firms cater to both visible and invisible disabilities equally? What more do you think can be done to ensure disabled students feel able to disclose their disability and request reasonable adjustments during the recruitment process?
Sources:
https://cpdonline.co.uk/knowledge-base/care/different-types-of-disabilities/
https://www.sra.org.uk/sra/research-publications/disability-workplace/
https://www.law.ac.uk/resources/blog/why-the-legal-profession-welcomes-future-lawyers-with-disabilities/
http://legallydisabled.com/wp-content/uploads/2020/01/Cardiff-uni-Legally-Disabled-Executive-Summary-A4-FINAL.pdf
https://www.sra.org.uk/solicitors/resources/diversity-toolkit/disability-inclusion/
https://adhduk.co.uk/reasonable-adjustments/
https://www.gov.uk/government/publications/reasonable-adjustments-a-legal-duty/reasonable-adjustments-a-legal-duty
Featured image courtesy of Hannah Busing on Unsplash. Image license found here. No changes were made to this image.
