Perceived disability discrimination and the deficient Equality Act: interpretative and legislative remedies

The Equality Act 2010 was intended to extend to cover perceived discrimination, such as dismissing a turbaned Sikh barista under pressure from customers mistaking him for a Muslim. Such mistakes are rooted in stereotyping, fear, and prejudice. Disability discrimination is particularly prone to these attitudes, but the Act’s inadequate drafting renders perceived disability discrimination claims exceptionally difficult. This paper suggests some innovative interpretive solutions, but ultimately recommends statutory reform.