Here is my proposal for a change in the equality act to include Neurodiversity as protected characteristic !
Here is my proposal for a change in the equality act to include Neurodiversity as protected characteristic !
Respectfully the judgment that judges make (in civil cases) is whether something has been proven. The standard of proof in civil cases usually being more likely than not. Whether you ask a judge to accept someone is disabled or neurodiverse he still makes a judgment based on the evidence. And I don’t think a judge would be more or less likely to accept self diagnosis as neurodivergent than self diagnosis of disability.
judges are able to accept self diagnosis of disability in equality act cases, they have done so, rarely. I don’t think that would be different with neurodiversity.
Is not trust, it is judgement. Proving is different from judging. You can judge a situation without needing proof. That's why we have judges. They are practiced in judging not in proving.
Evidence is part of it but in this case you can give evidence of discrimination instead of focussing on evidence of protected characteristic.
Isn't AS covered already as a disability under the Single Equality Act though?
Even pregnancy. If a pregnant woman claimed pregnancy discrimination. Even if she was standing in court with a obviously pregnant belly, if the other sides lawyer said, we don’t believe you are pregnant, she’d have to get a note from her gp or pull out an ultrasound scan or something. Courts don’t take things on trust, it’s all about what you can prove. Neurodiversity too.
I don’t see that happening for a number of reasons. Things like race and sex are usually unambiguous and in most cases it’s the perception of the discriminator that maters not the actual fact.
in the rare cases where it’s not ambiguous like trans people court cases do indeed turn on whether someone is genuinely trans (by the legal definition). It’s not that people don’t need to prove their protected charictistics like race, age, gender etc. it’s just that for most characteristics it’s so easy to prove the other side just accepts it.
if I sued someone under the equality act for indirect age discrimination. That they had some policy that discriminated against people my age. And they said ‘we don’t believe you are that age,” I would have to prove my age. It’d just be really easy to do.
If neuro diversity’s was added as a separate characteristic under the equality act you would still have to prove you were neurodiverse. Theoretically anyone might have to prove they have the characteristic they rely on in court, it’s just most characteristics are easy to prove so in practice no one makes them.
whats worse there are things disability gets as a protected characteristic that others don’t. Not only is it legal to treat disabled people better because they are disabled sometimes it’s obligatory. There is no guarantee if neurodivergence were a seperate characteristic it would get the same protection.
Not only differences in communication. Social exclusion, alienation , gossiping , bullying we need to find a way to protect people from those. Which is why the traits need to be more acknowledged and recognised as their own sector. Because sure I can get all the accomodations sorted out for me in the world how is that going to help of I am still being socially isolated and bullied ?
I am sorry but I don't think Neurodiversity qualifies as a disability ( for those that prescribe to the medical model ) it is closer to protected characteristics like race or gender.
This is the thing we shouldn't have to prove Neurodiversity. It is an inherent characteristic of the human population just like race or gender. If you are being discriminated for it you should be able to be protected without needing a diagnosis.
Well I’m not sure people with autism don’t deserve some of those resources… however again if you mean benefit claims that’s not covered by the equality act.
Could you make the case that someone who is being discriminated against for having narcissistic or psychopathic traits is protected under the equality act (I guess my question here is can they claim disability) ?
Probably yes. So the definition of disability in the equality act is a physical or mental impairment that has a more than minor and long term effect on your ability to do normal day to day activities. Day to day activities includes maintaining normal social relationships with friends and colleagues. So if an impaired ability to say, rationally recognise your own flaws, or experience empathy for others impaired your ability to have a normal social life with others yes it could be a disability under the equality act.
or someone who does not possess a diagnosis and doesn't want to subscribe to a medical model is protected under the equality act?
You don’t need a diagnosis for the equality act to apply. The law requires the impairment exist but it doesn’t have to have a specific medical label although courts typically do want some sort of medical testimony to verify the impairment exist there doesn’t need to be a formal diagnosis. And that testimony doesn’t have to go on your NHS record if you don’t want it to. You certainly don’t need to have a diagnosis at the time for discrimination law to apply but many people who sue under the equality act find it easiest to get one before court if they are suing.
We want to expand the lenses and not force people who are only circumstantially disabled to have to claim a disability and having to prove it in court.
I can’t see any neurodiversity self identification rule applying if that’s what you mean. Even if neurodiversity was a separate category I’m sure lawmakers and courts would still want some kind of proof that some one was neurodiverse.
you keep saying claim but that’s not quite the right word. One can request reasonable adjustments. And one can claim discrimination. But for the avoidance of doubt the criteria for disability for benifit claims are not delt with by the equality act.
I think I see what you mean, tho I thought we were already supposed to be covered by the Equality Act, but I suppose if you mean to extend protections for neurodiverse people by looking at disability also though a social not just a medical model that would be a very worthwhile cause.
I admire your commitment.
Best regards - Number.
The petition is now live you can find it here: Update the Equality Act to make Neurodiversity a Protected Characteristic - Petitions (parliament.uk)
I mean Neurodiversity - the subsector of Biodiversity.
Also if people start claiming disability this will take away resources from people who are more severely disabled not as circumstantially.
