No doubt many employers have been wondering if there are indeed any conditions which will not be caught by the new definition of disability in the Equality Act 2010. However, the government has confirmed, by laying regulations before parliament, that voyeurism and exhibitionism are not disabilities for the purpose of the Equality Act 2010.
While, under the Equality Act 2010, employers and service providers are not allowed to discriminate on grounds of individuals’ physical or mental disabilities and are required to make reasonable adjustments to help those suffering from disabilities, this new legislation confirms that neither voyeurism nor exhibitionism can ever amount to a mental disability attracting legal protection. Similarly, individuals with heavy tattoos and body piercings are excluded from the protection of the Act.
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