Question
A care home does not recruit a person because they have a son with a disability. Is this potentially unlawful? Choose one option then select Submit. Remember Choose 1 option Yes. No.
Answer
4.7
(163 Votes)
Terrence
Elite · Tutor for 8 years
Answer
Yes.
Explanation
This question falls under Employment law and analyzes potential disability discrimination. To answer this question, you need to have a clear understanding of laws regulating disability discrimination in the employment context, notably the "Americans with Disabilities Act" in the U.S. or the "Equality Act" in the U.K. These laws protect individuals (not just employees or applicants) from discriminatory actions based solely on their affiliation or association with a disabled individual. Direct discrimination occurs when someone is treated less favorably because of a protected characteristic, and this can relate to someone associated with the person with the characteristic. In this case, the care home is potentially refusing to hire someone because of their association with a person (their son) who has a disability, which may constitute a case of Disability Discrimination by Association.