Alcoholics excluded from Equality Act protection

Earlier this week the Government published the Equality Act 2010 (Disability) Regulations 2010 and they were laid before Parliament.

The Equality Act 2010 aims to streamline all existing discrimination laws, including the Disability Discrimination Act which prevents employers discriminating on the grounds of disability.

The new published document outlines conditions which have been excluded from being recognised as a disability. These include:

• Addiction to alcohol, nicotine or any other substance (unless the addiction was originally the result of administration of medically prescribed drugs or other medical treatment).
• The following conditions: a tendency to set fires, a tendency to steal, a tendency to physical or sexual abuse of other persons, exhibitionism, and voyeurism.
• Allergic Rhinitis (hay fever) unless it aggravates another condition.

In addition, tattoos and body piercings are excluded from being seen as a severe disfigurement which could have a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities.

People certified by a consultant ophthalmologist as blind, severely sight-impaired, sight-impaired or partially sighted will be deemed to be a disabled. This reflects the fact that the terminology used in the certificates by consultant ophthalmologists has changed over time.