What is Obsessive Compulsive Disorder?
Obsessive Compulsive Disorder (OCD) is a mental health condition where a person experiences obsessive thoughts and compulsive behaviours. OCD commonly consists of frequent obsessive or intrusive thoughts (which are often unpleasant and can cause distress and anxiety) which can trigger compulsions (a repetitive behaviour or mental act which might temporarily relieve the distress caused by the obsessive thought).
The spectrum of intensity and frequency of obsessive thoughts and compulsions, means that different people with OCD can have varying experiences of the condition.
A person with OCD might want to know when OCD becomes a disability under the Equality Act 2010, as this will help them identify whether they have been subjected to discrimination.
What constitutes a disability under the Equality Act 2010?
The Equality Act 2010 was enacted to provide protection for individuals against discrimination on the ground of one (or more) of a prescribed protected characteristic.
One such characteristic is that of disability.
There is no exhaustive list of all physical or mental conditions that qualify as a disability. However, the definition which will need to be satisfied in order for a condition to qualify as a disability for the purpose of bringing a claim of discrimination, is set out in Section 6 of the Equality Act 2010.
Being disabled under the Equality Act 2010 means:
a. Having a physical or mental impairment
b. This physical or mental impairment must also have substantial and long-term effects on the individual’s ability to carry out normal day-to-day activities.
This means that if your OCD symptoms cause substantial and long-term effects on your ability to carry out normal day-to-day activities, it may be considered a disability.
This could look like having difficulties maintaining personal hygiene, difficulties using public transport, difficulties with time management, difficulties preparing or eating food or difficulties regulating emotions, amongst other things.
Generally, substantial means that the effects must be more than minor or trivial and long-term means that the effects must have lasted or be likely to last at least 12 months.
Depending on whether the effects are substantial and long-term, one person with OCD may meet the definition of a disability under the Equality Act 2010, while another may not.
If the symptoms of your OCD meet this definition, you could be protected against discrimination on the grounds of your OCD.
Have I been subjected to discrimination on the grounds of my OCD under the Equality Act 2010?
If the symptoms of your OCD are considered a disability and you feel you have been wrongly discriminated against on the grounds your OCD, it is possible that you have suffered from an unlawful act of discrimination.
Disability-based discrimination occurs if you have been disadvantaged, treated unfavourably, or have been subjected to harassment because of your disability (which could include OCD). This could be at the hands of an employer, organisation or service provider who have a legal obligation not to treat you unfavourably on the grounds of your disability, and to support you by making reasonable adjustments to accommodate your disability.
How can Stephensons help?
At Stephensons, we advise both individuals on their rights, and organisations on their obligations under the Equality Act 2010.
If you believe that you have experienced disability-based discrimination, we have a number of specialists who may be able to advise you on your legal rights and assist you in pursuing a claim where appropriate.
Alternatively, if you are a service provider seeking advice on complying with your obligations under the Equality Act 2010, reviewing your policies or responding to allegations of discrimination, our specialist team can provide practical guidance to help minimise legal risk and promote an inclusive environment.
Blog author: Elizabeth George
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