(d) Harassment : In line with the Directive, a new s 3B will provide a uniform free-standing right against harassment. It differs slightly in principle from the other free-standing definitions (in relation to race, sexual orientation and religion or belief), in that the harassment must be related to the victim’s disability. So, for example, harassing a colleague because of a spouse’s disability, or in the mistaken belief that the colleague

doi:10.4324/9781843145585-102

Chapter

ABSTRACT

The only minor change is to extend the definition of the protected act in s 55(2)(a)(iii). Instead of ‘otherwise done anything under this Act ...’, it will read ’otherwise done anything under or by reference to this Act ...’.178 This applies to employment matters only, and brings it into line, for the employment field, with the SDA 1975 and RRA 1976. In addition, the definition of discrimination in employment and vocational training has been extended, with a new s 16A,179 to cover discrimination after the relationship has come to an end. Therefore, for instance, an employer who refuses to provide a reference for a former worker because, in the past, that worker had brought a claim of disability discrimination, will be liable.