Meaning of “discrimination” and “harassment”
This section has no associated Explanatory Memorandum
7. The following section is inserted after section 28S (and before section 28T)—
“Meaning of “harassment“
28SA.—(1) For the purposes of this Chapter, a responsible body subjects a disabled person to harassment where, for a reason which relates to the disabled person’s disability, that body engages in unwanted conduct which has the purpose or effect of—
(a)violating the disabled person’s dignity, or
(b)creating an intimidating, hostile, degrading, humiliating or offensive environment for him.
(2) Conduct shall be regarded as having the effect referred to in subsection (1) (a) or (b) only if, having regard to all the circumstances, including in particular the perception of the disabled person, it should reasonably be considered as having that effect.”.