Right to Equal Treatment: Victimisation and Harassment

Victimisation

This further category of discrimination arises when a worker is punished or treated differently as a result of complaining about discrimination or raising the issue or doing any other ‘protected act’. This protects both disabled and non-disabled people and is equivalent to the victimisation provisions in the Sex Discrimination Act and Race Relations Act.

Harassment

Harassment is defined as unwanted conduct which is inflicted for a reason related to your disability and has the purpose or effect of violating your dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for you.

When deciding whether or not the conduct has the effect of violating your dignity or creating an intimidating environment the question will be whether, in the circumstances, it is reasonable to consider that the conduct has that effect. This is an ‘objective’ test but the DDA expressly states that your perception of the conduct will be a very relevant factor. So if you found that the conduct violated your dignity this will be relevant in determining whether it is reasonable to consider that the conduct had the effect of violating your dignity.
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