A person is disabled if they have a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.“ Long-term” means that the condition lasts (or is likely to last) for a minimum of 12 months.
Disability discrimination rules also covers anyone with multiple sclerosis (MS), HIV/AIDS or cancer from the date of diagnosis and anyone with a mental illness, whether or not the illness is clinically well recognised.
Employers must make reasonable adjustments, in terms of the size of the organisation, to the work environment in order to accommodate any disabled employees. The adjustments may include:
Pre-employment medical questionnaires
Employers cannot give employees pre-employment medical questionnaires. But, certain health-related questions can be asked if there are legitimate reasons such as:
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