HomeBlogFacial DifferenceWhy Aren’t Facial Differences Fully Protected by Law?

Why Aren’t Facial Differences Fully Protected by Law?

I was genuinely shocked to learn that facial differences, often called visible differences, aren’t explicitly protected under the law. Even more appalling is the fact that for a disfigurement to be considered a disability under the Equality Act 2010, it must be deemed “severe.” Really? What does that even mean? Who gets to decide if someone’s appearance is “severe” enough to warrant legal protection? This arbitrary standard leaves countless individuals without the legal safeguards they deserve.

The very point of the Equality Act is to ensure no one is wrongly treated or discriminated against because of their appearance, ability, or identity. If someone is mistreated or faces discrimination because of how they look, the law should unequivocally protect them. And yet, for many people living with facial differences, this isn’t the reality.

As someone who has lived with Bell’s palsy for 24 years, I know firsthand the emotional, social, and physical challenges of having a facial difference. I’ve had to navigate stares, questions, and misunderstandings, all while grappling with the physical effects of my condition – difficulty smiling, communicating, and even protecting my eyes. These experiences aren’t unique to me; they reflect the struggles of so many others, both with acquired and congenital facial differences.

Physical and Social Challenges

Facial differences aren’t just about appearance – they come with very real physical and social challenges:

  • Physical Difficulties: For those with facial palsy, tasks like eating, drinking, speaking, and blinking can become frustratingly complex. Dry eyes, slurred speech, and difficulty showing expression are everyday realities.
  • Social stigma: Visible differences often invite stares, assumptions, and hurtful comments. Whether intentional or not, these reactions can erode confidence and create a sense of isolation.
  • Workplace barriers: Recruitment processes, in particular, can be fraught with bias. Someone struggling with speech due to facial palsy, for example, may be unfairly judged as lacking confidence or competence during an interview.

These challenges highlight why legal protection is so important – not just for the “severe” cases but for anyone facing discrimination due to their appearance.

A Flawed Legal Framework

The Equality Act 2010 does protect against discrimination based on disability, and it includes severe disfigurements under this umbrella. But the word “severe” creates a grey area. What about people whose visible differences don’t meet this threshold but still face stigma, exclusion, or bullying? Shouldn’t the law also protect them?

This gap particularly affects people with acquired facial differences (such as Bell’s palsy, burns, or surgery scars) and congenital conditions (like cleft palate or craniofacial syndromes). Both groups face similar societal challenges, yet the legal system creates an artificial divide, deciding whose experiences are “valid” enough for protection.

Recruitment and Workplace Discrimination

Workplaces should be safe, inclusive environments, but for many with facial differences, they’re anything but. Recruitment processes, in particular, can be riddled with bias.

  • First impressions: Visible differences often lead to snap judgments. A hiring manager might unconsciously assume someone with facial palsy lacks the confidence or charisma required for a role.
  • Misunderstandings: For those with speech difficulties or limited facial expression, interviews can become a minefield of misinterpretations.
  • Hostile environments: Once hired, people with facial differences can face exclusion, microaggressions, or outright bullying.

A recruiter who was told she “looked like an alien” won a legal case against her employer, but victories like this shouldn’t be needed – they’re signs of a deeper cultural problem.

Personal Stories and Support

Stories like these hit home for me because I’ve lived through similar challenges. That’s why I’m so grateful for organisations like Facial Palsy UK, who have supported me personally over the years. They’ve been a lifeline, offering guidance, community, and advocacy for people like me.

Facial Palsy UK and other groups like Changing Faces are doing incredible work to raise awareness, but their efforts need to be matched by systemic change. The law must reflect the principle that discrimination based on appearance – whether due to a medical condition, accident, or congenital difference – is unacceptable in any form.

The Path Forward

Here’s what needs to happen:

  1. Broaden Legal Protections: The Equality Act must explicitly protect all visible differences, without requiring arbitrary definitions of “severity”.
  2. Educate Employers: Recruitment teams and workplaces need training to eliminate bias and make reasonable adjustments for individuals with physical challenges, such as providing alternative communication methods during interviews.
  3. Combat Stigma: Public education campaigns should normalise facial differences, breaking down stereotypes and encouraging empathy.

A Call to Action

Living with a facial difference has shaped me in ways I didn’t expect. It’s given me resilience, but it’s also shown me the cracks in how society views and treats people like me.

Facial differences aren’t cosmetic quirks – they’re part of who we are. To leave people unprotected by law simply because their condition isn’t deemed “severe enough” is to ignore their humanity. The Equality Act exists to ensure fairness, and it’s time it lived up to that promise for everyone, regardless of how they look.

Let’s push for change – real, systemic change that ensures no one is discriminated against for their appearance. And if you’ve faced challenges or want to share your perspective, I’d love to hear from you. Together, we can keep this conversation going and make a difference.

https://garyparsons.uk

A Leadership Mental Health Advocate and Inspirational Speaker, Gary works with businesses and leadership teams to break the stigma and begin prioritising their own mental health and wellbeing. Reach out today to discover how Gary can support your team in cultivating a culture of wellbeing and effective leadership.

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