Sample Solution

Under EA (2010), the meaning of unlawful discrimination has not been changed in a major way but there is new terminology to explain discrimination;

• Direct discrimination: when a student is treated less favourably than another student due to a protected trait.
• Indirect discrimination: apply for a criterion, provision or practice in the same manner for a group of pupils but, which has the impact of putting students sharing safeguarded traits at a specific disadvantage, and one cannot rationalise the practice as being ‘proportionate ways of validating a lawful objective’.

Further, the EA (2010) speaks about the discrimination by perception and discrimination by association and also introduces a new phenomenon ‘discrimination emanating from a disability’ which restores disability associated discrimination under the earlier Disability Discrimination Act, 1955.

How EA 2010 Differs from Earlier Acts

The EA (2010) now declares it is illegal to discriminate against an individual with a disability for a reason that is associated to their disability. The EA also makes it illegal to have regulations, practices, policies and rules that are applicable to each and every one, but which specifically disadvantage people with disabilities. All schools in U.K are required to make suitable fine-tuning to permit students with disabilities to take part in the educational activities fully in their schools. The EA now places three impor