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The Equality Act: A Toothless Tiger

The Equality Act is designed to protect us. But without active enforcement, it is merely a suggestion. Why are we forcing the individuals it claims to protect to fund their own justice against the deepest pockets?

Cristian Brownlee

Author

December 12, 2025
4 min read
The Equality Act: A Toothless Tiger

We need to have a serious, uncomfortable conversation about the Equality Act.

In the tidy world of corporate governance, this piece of legislation is viewed as the gold standard. It is the shield that protects the vulnerable, the sword that slays discrimination, and the checklist that every HR department memorises. On paper, it is a triumph of civil rights.

In reality? It is a toothless tiger living in a paper cage.

I say this not as a lawyer, but as someone who lives on the "battlefield" of disability. The fundamental flaw of the Act is not its intention; it is its mechanism of enforcement.

The David vs. Goliath Economics

Here is the cold calculation of the current system: The law exists, therefore companies will follow it to avoid penalties.

But here is the human reality. The Equality Act is not actively policed. There is no "Accessibility Police Force" driving around issuing fines to businesses with stepped entrances or inaccessible websites. The Act relies entirely on civil enforcement.

This means the onus is 100% on the victim to prove they have been wronged.

Consider the absurdity of this. We have a system designed to protect people who are often financially vulnerable, time-poor, or managing complex health conditions. Yet, when a massive corporation fails to make a "reasonable adjustment," the system asks that disabled individual to:

  1. Find the emotional energy to initiate a dispute.
  2. Locate the funds to hire legal representation (or navigate the labyrinthine courts themselves).
  3. Go to war against a multi-million pound legal department that can drag the process out for years.

I have felt the sting of this myself. I once faced a situation with a major, national leisure franchise—a brand that prides itself on "wellness." In my view, they failed to provide basic reasonable adjustments. It was a clear-cut case of the "curb-cut effect" in reverse: their rigidity wasn't just illegal; it was bad business.

Did I sue? No. I looked at the emotional and financial cost of fighting a corporate giant, and I did what most people do. I walked away. I "gave up."

When the "cost" of justice is higher than the "cost" of discrimination, the system is broken.

The Entrepreneur's Dilemma

This brings me to a critical question for the Rise Beyond community. We are entrepreneurs. We are scrappy. We are used to solving problems.

But we are also operating with limited capital. When we encounter a supplier, a partner, or a landlord who is blatantly ignoring the Equality Act, what is the strategic move?

If you are a disabled founder bootstrapping a startup, you cannot afford to be a full-time litigant. You have a business to run. You cannot allocate your seed funding to suing a supplier because their office isn't wheelchair accessible.

So, we are left in a "catch-22." We need access to do business, but the cost of enforcing that access destroys the business we are trying to build.

We Need Active Enforcement

The "market" will not solve this. The corporate calculus says that it is cheaper for a company to ignore the Equality Act and pay off the occasional, rare settlement than it is to make their business truly inclusive.

We need to move from reactive claims to proactive enforcement.

Imagine if Health and Safety worked like the Equality Act. Imagine if a restaurant was only inspected for hygiene after a customer got food poisoning and sued them. It would be chaos. We have inspectors for food safety. We have auditors for taxes. Why is human access treated as an optional "customer service" issue rather than a fundamental operational requirement?

I don't have the perfect solution today. But I know that asking the underdog to fund the police force is not it.

I want to hear from you. As disabled founders and leaders, how do you handle this? When a door is slammed in your face (literally or metaphorically), do you fight it and burn precious resources? Or do you move on and take your innovation elsewhere?

Let's discuss.