A victory of sorts for the disabled

The original ruling was a brilliant Catch-22: the harder you work at overcoming your disability, the less accomodation employers have to make for you. 

The Register:

Employment tribunals should assess worker disability not in comparison with the rest of the population, but in comparison with the performance of that worker without that disability, the Employment Appeals Tribunal (EAT) has ruled. The ruling was given in the case of a senior policeman who requested extra time in examinations because he said his dyslexia was a disability. An employment tribunal ruled that he did not have a disability and so anti-discrimination legislation should not apply. It said that because the worker could function as well as other people, he should not have the protection of the law. The EAT, though, said that approach undermines the entire basis of anti-discrimination legislation.

This reminds me of a discussion long ago with an uebergeek in the finance world, who was rather pleased that his company’s disability coverage was “own-job” disability rather than the usual kind. He explained that the fancy version would keep making payments as long as he was unable to do the job he’d had before being disabled.  Regular disability coverage, in contrast, would have stopped as soon as he was able to hold any job, even, say, folding cardboard boxes in a sheltered workshop.


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