Ableism: Understanding Discrimination

Disclaimer: The content in this article is for educational and awareness purposes only. It should not be taken as medical or legal advice. Always consult qualified professionals for support regarding health conditions, disability rights, or workplace accommodations. Legal Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. While references are made to the Equality Act 2010 and the Human Rights Act 1998, individuals facing discrimination should seek tailored guidance from a qualified solicitor or legal adviser.

Breaking Down Ableism: Understanding and Addressing Discrimination

Table of Authorities

Legislation

Equality Act 2010 (c 15)
Human Rights Act 1998 (c 42)

Ableism is a form of discrimination or prejudice against individuals with disabilities, whether visible or invisible, based on the belief that they are inferior to non-disabled people. This discriminatory attitude manifests in various aspects of life, including employment, education, healthcare, and social interactions. Understanding and addressing ableism is crucial for promoting inclusivity and equality for all individuals regardless of their abilities.

Understanding Invisible Disabilities

Not all disabilities can be seen. Conditions such as Multiple Sclerosis (MS), Obsessive-Compulsive Disorder (OCD), chronic pain, or depression can have a profound impact on someone’s daily life, yet remain hidden from the outside world. Because of this invisibility, individuals often face misunderstanding, judgment, or even disbelief.

Examples of Invisible Disabilities

Multiple Sclerosis (MS): fatigue, chronic pain, muscle weakness, cognitive fog, and balance issues.
Obsessive-Compulsive Disorder (OCD): intrusive thoughts, compulsive behaviours, and overwhelming anxiety, often misunderstood as “just a quirk.”
Other Mental Health Conditions: PTSD, anxiety disorders, depression, bipolar disorder.
Chronic Pain Conditions: fibromyalgia, endometriosis, arthritis.
Neurodivergence: autism, ADHD, dyslexia.
Chronic Fatigue Syndrome / ME: extreme exhaustion and cognitive dysfunction.
Diabetes and Epilepsy: sudden symptoms such as seizures or blood sugar crashes.
Hearing Loss or Visual Impairment: mild/moderate cases often undetectable.
Heart and Lung Disorders: asthma, COPD, and other breathing difficulties.

Ableism operates on the assumption that people with disabilities are less capable, competent, or valuable than those without disabilities. This belief system leads to discriminatory behaviors and practices that marginalize individuals with disabilities, hindering their full participation in society. It can take many forms, ranging from outright exclusion to subtle microaggressions.

One common example of ableism is the inaccessible physical environment. Buildings without ramps or elevators, lack of designated parking for people with disabilities, or public transportation systems without accommodations for mobility aids can prevent individuals with physical disabilities from accessing essential services and participating fully in their communities.

Another example of ableism is the underrepresentation of people with disabilities in the media, literature, and other forms of cultural representation. When people with disabilities are portrayed, they are often depicted as objects of pity or inspiration rather than as fully realized individuals with agency and diverse experiences. This perpetuates harmful stereotypes and reinforces the idea that disability is something to be overcome rather than accepted as a natural part of human diversity.

Invisible Disabilities Example

OCD as an Example of Ableism

Consider a scenario where an individual with Obsessive-Compulsive Disorder (OCD) is working as a caregiver for a relative. This individual may face discrimination due to misconceptions about OCD and its impact on their ability to provide care. This may also relate to caregivers with other mental health issues, not just OCD.

The caregiver’s OCD symptoms may include intrusive thoughts related to cleanliness and hygiene, as well as compulsive behaviors such as excessive handwashing, cleaning or checking. These symptoms can lead others to question the caregiver’s ability to perform their duties effectively, particularly in a role that requires close physical contact and assistance with personal care tasks.

As a result, the caregiver may encounter skepticism or resistance from those who doubt their capacity to provide adequate care due to their OCD. They may face unwarranted scrutiny or criticism, with others questioning whether their condition makes them unfit for caregiving responsibilities.

This discrimination can have significant consequences, not only for the caregiver’s sense of self-worth and confidence but also for the well-being of the person they are caring for. If the caregiver’s abilities are unfairly doubted or undermined, it may lead to increased stress and anxiety, further exacerbating their OCD symptoms and potentially compromising the quality of care they are able to provide.

Furthermore, the caregiver may be denied opportunities for support or accommodations that could help them manage their condition while fulfilling their caregiving duties. For example, they may encounter resistance when requesting flexibility in their work schedule to attend therapy sessions or seeking assistance with certain tasks to alleviate the impact of their OCD symptoms.

In this way, discrimination against individuals with OCD and other mental health disorders, who are also caregivers can perpetuate harmful stereotypes and misconceptions about the condition, further marginalizing those who are already facing significant challenges in balancing their caregiving responsibilities with their mental health needs. It underscores the importance of raising awareness about OCD and promoting understanding and empathy towards individuals living with this condition, as well as advocating for policies and practices that support their right to equal treatment and opportunities in all aspects of life.

Multiple Sclerosis as an Example of Ableist Attitudes

A person living with Multiple Sclerosis may use their Blue Badge to park closer to a shop. An onlooker, noticing them walk a short distance without difficulty, questions why they need the badge at all. What they do not understand is that MS is an unpredictable condition, symptoms such as fatigue, muscle weakness, and nerve pain can come on suddenly and worsen quickly. Being able to walk a few steps at one moment does not mean the individual will not struggle with mobility, pain, or exhaustion minutes later. This assumption places an unfair expectation on disabled people to “prove” their condition in order to justify their right to accessibility.

Another example is in the workplace. Someone with MS working in retail may be expected to stand for long periods of time without rest. If their request for a stool or additional breaks is refused, it not only shows a lack of compassion but can also breach their legal right to reasonable adjustments under the Equality Act 2010. Denying these adjustments can cause unnecessary suffering and may even force an employee to leave their job, despite being capable of working with the right support in place.

Ableist Attitudes

Ableist Attitudes in Everyday Life

Ableism arises when society imposes stereotypes, disbelief, or barriers onto disabled people. For those with invisible conditions, including mental health disorders and OCD, this often manifests in dismissive or harmful attitudes:

Disbelief & Minimisation:
- “You don’t look sick.”
- “It’s just in your head.”
- “We all get anxious sometimes.”
Stereotyping Mental Health & OCD:
- Labeling OCD as a “clean freak” or “germ phobia,” when in reality it involves intrusive thoughts and compulsions that can be deeply distressing.
- Suggesting that depression is “just sadness” or that anxiety is a “bad habit.”
Assuming Laziness or Lack of Effort:
- Dismissing fatigue in MS as being “just tired.”
- Telling someone with depression to “cheer up” or “just think positive.”
Gatekeeping Accessibility:
- Criticising disabled people for using accessible toilets or parking spaces because they “look healthy.”
- Refusing reasonable adjustments for mental health accommodations at work.
Workplace Discrimination:
- Denying flexible hours despite fatigue, pain, or therapy needs.
- Questioning someone’s capability because of their mental health condition.
Social Exclusion:
- “We didn’t invite you because we thought you couldn’t handle it.”
- Ignoring or speaking over people when they explain their needs.

A Real Example: MS and OCD

MS: A person with MS parks in a Blue Badge space. A passer-by says: “You don’t need that, you walked fine just now.” They fail to recognise that MS symptoms fluctuate and even a short walk can cause pain and exhaustion. Another example, a person working in retail who has to stand for hours on end my be refused a stool or extra breaks to take the weight off their feet and have a rest.
OCD: A person with contamination OCD is told: “Stop being silly, just wash your hands once.” This minimises the fear, distress, and intrusive thoughts behind compulsions, turning a serious mental health condition into a joke.

Moving Towards Awareness

Invisible disabilities, including mental health conditions such as OCD, are real, valid, and deserve respect. The way forward is through understanding, empathy, and listening, rather than disbelief or judgement. Recognising invisible struggles helps create a society where inclusion and dignity are the norm.

Addressing Ableism

To combat ableism, it is essential to raise awareness about the experiences of people with disabilities and challenge societal attitudes and practices that perpetuate discrimination. Education plays a crucial role in dispelling myths and misconceptions about disabilities, fostering empathy, and promoting inclusion.

Creating accessible environments is another important step in addressing ableism. This includes not only physical accommodations but also ensuring that information and communication are accessible to individuals with diverse needs, such as providing alternative formats for written materials or using inclusive language.

Advocating for policies and legislation that protect the rights of people with disabilities is also vital. This includes enforcing anti-discrimination laws, promoting equal employment opportunities, and ensuring access to healthcare and social services.

Additionally, amplifying the voices of individuals with disabilities and centering their experiences in discussions about ableism is crucial for promoting meaningful change. By listening to and valuing the perspectives of people with disabilities, we can work towards building a more inclusive and equitable society for all.

Legal Implications of Disability Discrimination and Ableism

In the UK, disability discrimination and ableist behaviour can amount to a breach of the Equality Act 2010. Under this Act, disability is a protected characteristic, and it is unlawful to treat someone unfavourably because of their condition—whether it is visible or invisible. This includes direct discrimination (e.g., refusing reasonable adjustments at work for someone with Multiple Sclerosis or OCD), indirect discrimination (e.g., applying rigid policies that disadvantage disabled people), harassment (unwanted behaviour that causes humiliation or distress), and victimisation (punishing someone for raising concerns about discrimination).

Employers, service providers, and public authorities all have a legal duty to make reasonable adjustments (s.20 Equality Act 2010) to remove barriers that put disabled people at a disadvantage. Failing to do so can result in claims being brought before an Employment Tribunal or the County Court. Additionally, Article 14 of the Human Rights Act 1998 protects individuals from discrimination in the enjoyment of other rights, such as education, healthcare, and access to justice.

The consequences for breaching these laws can include financial compensation, orders to make reasonable adjustments, reputational damage, and in some cases, enforcement by the Equality and Human Rights Commission (EHRC).

Conclusion

Ableism is a pervasive form of discrimination that negatively impacts the lives of individuals with disabilities. By recognizing and addressing ableism in all its forms, we can strive towards a more just and inclusive world where everyone has the opportunity to thrive regardless of their abilities.

In some cases, because a disability is not immediately visible, employers may assume that an individual is capable of working at the same pace and output as a non-disabled colleague. Even when the employee has disclosed their condition, this information can often be overlooked or dismissed. As a result, requests for reasonable adjustments, such as flexible hours, adapted workloads, or additional breaks, may be denied. This failure not only disregards the individual’s lived experience but can also amount to unlawful discrimination under the Equality Act 2010, which places a legal duty on employers to make adjustments that reduce disadvantage for disabled staff.

Under the Equality Act 2010, employers and service providers are required to make reasonable adjustments for disabled individuals to remove barriers that place them at a disadvantage.¹ Additionally, Article 14 of the Human Rights Act 1998 ensures protection from discrimination in the enjoyment of other fundamental rights.²