It is unlikely that your job application would be rejected just because you have asthma, unless your asthma would make it impossible for you to do the job.
There is legislation that may protect your position in applying for a job, and maintaining a job, if your asthma is considered to be a disability. The Disability Discrimination Act (DDA) (2005) prohibits discrimination against disabled people in a range of circumstances including employment.
Under the DDA it is unlawful for employers to discriminate against disabled people for a reason related to their disability, covering:
- Application forms
- Interview arrangements
- Proficiency tests
- Job offers
- Terms of employment
- Promotion, transfer or training opportunities
- Work-related benefits such as access to recreation or refreshment facilities
- Dismissal or redundancy
The DDA also places a duty on employers to consider making ‘reasonable adjustments’ to make sure you’re not put at a substantial disadvantage by employment arrangements or any physical feature of the workplace. For further information on the types of ‘reasonable adjustments’ you can visit the
Directgov website.
The key to gaining protection under this Act is whether the definition of a ‘disabled person’ applies to you.
The DDA (2005) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.
- Substantial means neither minor nor trivial
- Long term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions)
- Normal day-to-day activities include everyday things like eating, washing, walking and going shopping
- A normal day-to-day activity must affect one of the 'capacities' listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory
It is acknowledged that there is often no defining moment when a health issue becomes a disability. Some people may not consider themselves as disabled or use that term about themselves, yet they may still be entitled to protection against being treated unfairly.
If you are unsure about whether you are entitled to protection under the DDA you can contact the
Equality and Human Rights Commission for further advice. Helpline: England 0845 604 6610, Scotland 0845 604 5510, Wales 0845 604 8810
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