The End of Disability-Related Discrimination in Employment?: London Borough of Lewisham v Malcolm * [2008] UKHL 43; [2008] IRLR 700
英国上议院在马尔科姆案中大幅限制了《残疾歧视法》中“与残疾相关的歧视”的范围，政府正考虑通过《平等法案》修正法律，该案对就业歧视诉讼有重大影响。
In Malcolm, a housing law case, the House of Lords has disapproved Clark v Novacold [1999] IRLR 318 and in doing so has very significantly restricted the scope of ‘disability-related discrimination’ under s 3A(1) of the Disability Discrimination Act 1995 (DDA 1995). At the time of writing, the Government is considering the impact of the case on its plans to amend the law in the forthcoming Equality Bill and it remains to be seen whether the Bill will redress the implications of the decision. Within Part II of the DDA 1995, which covers discrimination in the employment context, s 3A(1) (originally s 5(1)(a)) provides that a person discriminates against a disabled person if ‘for a reason which relates to the disabled person's disability he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply’ and the treatment cannot be justified under s 3A(1)(b). As originally framed, Part II of the Act contained no stand-alone prohibition on direct discrimination and victims of such treatment were required to bring claims under s 3A(1). However a new s 3A(5) was inserted into Part II of the Act by the Disability Discrimination Act (Amendment) Regulations 2003 expressly prohibiting direct discrimination (which cannot be justified) in addition to the existing prohibition on disability-related discrimination in s 3A(1). S 4A sets out the duty of employers to make reasonable adjustments.