Alcoholics, smokers, voyeurs and exhibitionists will not be protected by disability provisions in the Equality Act, elements of which come into force on the 1st October 2010.
The Government published the Equality Act 2010 (Disability) Regulations 2010 on 31 August, which include provisions that support the definition of disability in the Equality Act 2010.
Under the Equality Act 2010, which replaces all existing discrimination including the Disability Act 1995, employers and service providers are not allowed to discriminate on the grounds of individuals’ physical or mental disabilities.
However there are certain conditions that have been specifically excluded from constituting a disability, such as: addictions to alcohol, nicotine, or any other substance; some mental health conditions such as compulsion towards exhibitionism or voyeurism; and hay fever, unless it aggravates the effect of another condition.
Addictions that were originally the result of the administration of medically prescribed drugs or other medical treatment are included under the act.
Those that have been certified blind, sight-impaired or partially sighted by a consultant ophthalmologist will be deemed to have a disability under the regulations.
Daniel Barnett, employment law barrister at Temple Garden Chambers, said “This law makes it clear that employers are not required to make special adjustments to welcome voyeurs or exhibitionists into the work place. Nor are employers required to make allowances for any mental disability if an employer wants to dismiss someone who turns out to be a voyeur or flasher.”
