Justification

Justification can be a defence to disability related discrimination.  Under s 3A(1) of the Disability Discrimination Act 1995:

” A person discriminates against a disabled person if -

(a) for a reason which relates to the disabled person’s disability he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and

(b) he cannot show the treatment in question is justified.”

Employers cannot rely on the justification defence unless they can show they have complied with any duty to make reasonable adjustments.  Justification may be established where an employer can establish that the unfavourable treatment was to comply with health and safety legislation but it would often be necessary for a risk assessment to be carried out and medical evidence obtained first.