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Several conditions excluded from Equality Act protection

Further details of the upcoming Equality Act have surfaced listing a number of physical and mental traits excluded from employment protections.

Government published Equality Act 2010 (Disability) Regulations guidelines outline conditions which have been excluded from disability recognition, including:

  •  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 for 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" or have a "substantial adverse effects" on the ability of the person concerned to carry out normal day-to-day activities.

However, people certified by a consultant ophthalmologist as blind, severely sight-impaired, sight-impaired or partially sighted will be deemed to be disabled.

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.

Enforced from October this year, it will drastically change the way employers treat certain members of staff and could open the doors for increased employment claims from discriminated employees.

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