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EQUALITY LAW IN AN ENLARGED EUROPEAN UNION Part 8

Điều 13 của Luật bình đẳng giới quy định và cụ thể hoá một số quy định của pháp luật hiện hành. Đó là: Nam, nữ bình đẳng về tiêu chuẩn, độ tuổi khi tuyển dụng, được đối xử bình đẳng tại nơi làm việc về việc làm, tiền công, tiền thưởng, bảo hiểm xã hội, điều kiện lao động và các điều kiện làm việc khác. | disability discrimination law in the eu 253 one eye back strain with a continuing ability to carry out light duties and rheumatoid arthritis in the absence of independent medical evidence have all failed the test of having a substantial adverse impact upon normal day-to-day activities. Increasingly it is the practice for tribunals to hear medical evidence as to whether an impairment objectively exists. The determination of whether the impairment is substantial remains a question of fact for the tribunal alone to determine.68 The fact the definition on the DDA had proved a hindrance rather than a help drew criticism from the Disability Rights Commission DRC as well as many other groups. The definition was broadened somewhat by the Disability Discrimination Act 2005.69 Section 18 of that Act adds that a person who has cancer HIV infection or multiple sclerosis is to be deemed to have a disability . In anticipation of a Single Equality Act merging all existing equality legislation and as of January 2006 the British government has requested the DRC to carry out a further consultation exercise on what any future definition of disability should look like.70 That the British definition proved problematic was not perhaps a surprise given the fate of the definition under the ADA in the US Courts.71 Section 3 2 of the ADA defined disability with respect to an individual as A a physical or mental impairment that substantially limits one or more of the major life activities of such individual B a record of such an impairment or C being regarded as having such an impairment. A series of US Supreme Court decisions has considerably narrowed this section. By so doing the courts have effectively raised the hurdles through which litigants must jump before their case can be dealt with on the merits.72 The effects of these and lower court decisions in the US have been summarised by Peter Blanck and others as follows 68 Atp. 81. 69 The Act is available at www.opsi.gov.uk ACTS acts2005