Perceived disability – Is it discrimination?
Is it discrimination if a non-disabled job applicant is rejected because of a perception that a condition could become a disability in future? Our litigator Ed McFarlane looks at a recent Employment Appeal Tribunal case that answers that question. Yes, held the EAT in Chief Constable of Norfolk v Coffey, upholding a finding of disability discrimination by perception. The Claimant was a serving police officer in Wiltshire Police who applied for a transfer to the Norfolk force. She had a degree of hearing loss, which would usually have disqualified her from recruitment when she joined the WiltshireRead More