On this page we answer some of the key questions about the Equality Act and how it affects blind and partially sighted people. For a fuller version of these questions, including lots of examples, please download our factsheet from the "Further information" section.
What is the purpose of the Equality Act?
The Equality Act aims to bring together the different anti-discrimination laws that were passed over the last 40 years and to promote equality for all.
Do I have the same protections as under the Disability Discrimination Act?
Yes. A lot of the provisions in the Equality Act are the same as those in the Disability Discrimination Act (DDA). The Equality Act also includes new rights and protections. These include protection from indirect discrimination, discrimination arising from disability and discrimination on the basis of association or perception.
The duty to make reasonable adjustments is also stronger.
Does the Equality Act apply to people registered as blind or partially sighted?
Yes. If a consultant ophthalmologist has registered (certified) you as blind or partially sighted, then you automatically meet the Equality Act's definition of a disabled person.
What if I'm not registered (certified)?
If a consultant ophthalmologist has not certified you or you do not meet the criteria for certification, then you could still be covered by the Equality Act if you meet the Equality Act's definition of a disabled person.
A person has a disability if they have a "physical or mental impairment" that has a "substantial and long-term effect on their ability to carry out normal day-to-day activities".
Does the Equality Act cover more than disability?
Yes. The Act covers nine "protected characteristics". These are (in alphabetical order): age, disability, gender reassignment, being married or in a civil partnership, race, religion or belief, sex and sexual orientation.
What sort of discrimination does the Equality Act cover?
The Act covers a number of different types of discrimination. Examples of each are given in our factsheet.
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Direct discrimination - where someone experiences discrimination because of one of the protected characteristics, such as disability.
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Discrimination by association - where someone experiences discrimination because they are associated with someone who has a protected characteristic.
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Discrimination because of a perception that you have a particular protected characteristic - even though that perception may be wrong.
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Discrimination arising out of disability - where the discrimination is based on something that arises out of disability, but is not the fact of the disability itself.
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Indirect discrimination - where what looks like a neutral provision or policy is applied to everyone, but people with a particular protected characteristic are at a disadvantage.
What sort of situations does the Equality Act cover?
The Act covers everything that the DDA applied to. It covers employment, occupation, provision of goods and services (such as shopping, banking and public services) travel and transport, education, premises (buying and renting houses or flats), private clubs and public authorities.
For example, an employer refuses to employ a blind woman because they believe that blind people could not use its computer system. This would be direct discrimination and the Equality Act makes this unlawful.
Is there a reasonable adjustments duty?
Yes. Under the Act, service providers have a duty to make reasonable adjustments to avoid putting people with disabilities at a substantial disadvantage compared to people who are not disabled. The duty deals with three different requirements.
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Provisions, criteria or practices - including company policies.
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Physical features, such as the layout of and access to shops
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Provision of auxiliary aids - including providing information in an accessible format such as braille, large print or email. For example, when a bank sends statements to its customers, it is providing information. Reasonable adjustments for blind or partially customers could include providing statements in accessible formats such as large print or braille.
Providers of services and education providers have to plan ahead and anticipate how to meet the duty. They should not wait for you to try and use their service and then try to make the adjustment.
I've applied for a job, can the employer ask about my disability?
Questions about any disabilities you have usually come in what are called "pre-employment health questionnaires". The Equality Act says that in most situations it is unlawful for employers to ask questions about a job applicant's health or disability before short-listing or offering a job. There are some exceptions; for example, so that the company can make reasonable adjustments for the interview.
I think someone has discriminated against me - what can I do?
You can challenge discrimination in different ways. These range from raising a complaint or grievance to starting a court case.
Your first step should be to make a complaint (or raise a grievance for employment situations). Many disputes can be resolved through talking to the person or organisation concerned. If this does not work, then there are other ways to deal with the situation. These include mediation or conciliation; where an independent third party helps you and the company to work out a way to settle your dispute.
Going to court
The ultimate way to challenge discrimination is by starting a case in the County Court or in Tribunal (for employment or pre-16 education disputes).
If you want to start a case in court or tribunal, the Equality Act says you have to do so within a specific time period. This is called the time limit or limitation period:
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for civil claims this is six months from the date when the discrimination happened. If you do not comply with this time limit then you can only bring your case if the court thinks it "just and equitable" to let you start the case. The time limit for these cases can be extended by three months if the Equality and Human Rights Commission accept the case for conciliation.
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for employment claims this is three months from the date when the discrimination happened. If you do not comply with this time limit then you can only bring your case if the employment tribunal thinks it "just and equitable" to let you start the case.
Our factsheet contains more details about how to start a case in the county court or tribunal.
It is usually best to try and resolve a dispute without going to court or tribunal. This is because legal proceedings are usually lengthy and expensive. Also, if you lose your court case, the court could order you to pay the defendant's legal costs. The situation in employment tribunals is different: if you lost your case you would not usually be expected to pay the employer's costs.
The Public Equality Duty for public authorities
The Public Equality Duty (PED) puts public authorities (such as local authorities, the NHS and schools) under a duty to eliminate discrimination, harassment and victimisation, to promote equality of opportunity, and to foster good relations. The Equality Act says that in order to do this public authorities may need to treat disabled people more favourably.
Codes and Guidance
The Equality and Human Rights Commission (EHRC), an independent statutory organisation founded to help eliminate discrimination, will publish statutory Codes of Practice and Guidance that help to explain and amplify the Equality Act. We are working with the EHRC on these codes and guidance so that we can to put across the views and needs of blind and partially sighted people.
Further information
Download our factsheet on what the Equality Act means for blind and partially sighted people:
Our Equality Act Toolkit can help you challenge discrimination by service providers directly. The Toolkit guides you through making an effective complaint and includes a standard letter that you can send to service providers with your own complaint letter.
For more information about the Equality Act and its consequences for you, please call our Helpline on 0303 123 9999 or email helpline@rnib.org.uk.
The Equality and Human Rights Commission can give you information on the Equality Act - including guides for service users, workers and businesses. The Codes and Guidance will also be available from their website.
The Government Equalities Office website also has more information on the Equality Act.
You can download the full Equality Act from www.legislation.gov.uk.
Disclaimer
This information is not an authoritative statement of the law. It gives you general information, but not legal advice and relates only to the law of England, Wales and Scotland in force at the date of writing. RNIB is not responsible for the consequences of any actions or failures to act by any person taken after reading this information. If you need legal advice on a specific situation, you should contact an independent legal adviser.
The RNIB Legal Rights Service is a specialist advice unit that advises blind and partially sighted people on welfare benefit appeals, community care cases and complaints under the Equality Act. We do not advise on other areas, but can signpost you to other advisers.