Difficult distinctions in anti-discrimination law: Disfigurement, appearance and disability

Abstract

The Equality Act 2010 provides that someone with a severe disfigurement may fall within the protected characteristic of disability. However, the parameters of the severe disfigurement provision remain uncertain. These parameters are under particular tension from the related concepts of appearance and disability, which partially overlap with disfigurement. This article argues that ‘disfigurement’ should be read as encompassing a broader range of appearance-altering conditions than has yet been recognised. Legal protection should extend beyond conditions such as scarring to include other visible differences. The personal, relative nature of disfigurement should also be recognised; disfigurement should not be viewed as a universal standard irrespective of context, but as a measure of the extent to which a particular person’s appearance is affected by an impairment. Resolving the underlying tension between the concepts of disability and appearance is key not just to addressing disfigurement but also other visible, stigmatised conditions, including obesity.