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What is the Disability Discrimination Act?
The Disability Discrimination Act (DDA) aims to end the discrimination which
many disabled people face. This Act gives disabled people rights in the areas
of:
- employment
- access to goods, facilities and services
- buying or renting land or property.
The Disability Discrimination Act 2005 (DDA 2005) builds on and extends earlier disability discrimination legislation, principally the Disability Discrimination Act 1995.
In April 2005 a new Disability Discrimination Act was passed by Parliament,
which amends or extends existing provisions in the DDA 1995, including:
making it unlawful for operators of transport vehicles to discriminate against
disabled people
making it easier for disabled people to rent property and for tenants to make
disability-related adaptations
making sure that private clubs with 25 or more members cannot keep disabled
people out, just because they have a disability
extending protection to cover people who have HIV, cancer and multiple sclerosis
from the moment they are diagnosed
ensuring that discrimination law covers all the activities of the public sector
requiring public bodies to promote equality of opportunity for disabled people
From 1 October 2004 for the first time the Disability Discrimination Act (DDA)
will cover small employers – those with fewer than 15 staff.
Most organisations that employ 15 or more staff are already covered by these
duties.
Some other types of employment will also be covered by the DDA for the first
time from 1 October 2004. These are:
police officers
fire-fighters
prison officers
barristers (advocates in Scotland)
partners in business partnerships
employees on ships and planes
The DDA describes discrimination as follows:
"an employer discriminates against a disabled person if, for a reason which
relates to the disabled person's disability, he treats them less favourably
than he treats or would treat others to whom that reason does not or would not
apply and he cannot show that the treatment in question is justified." (Disability
Discrimination Act 1995 Part 11 5[1] and [b])
A disabled person is defined as "someone with a physical or mental impairment
which has a substantial and long-term adverse effect on his or her ability to
carry out normal day to day activities." This includes not just people with
obvious physical disabilities or visual or hearing impairments but also people
with conditions including dyslexia, diabetes, epilepsy, heart disease, severe
disfigurements etc. It is important to keep in mind all forms of disability
when hiring a new employee.
For people with a disability, the DDA introduces a right not to be discriminated
against in the areas of employment, provisions of goods and services and in
the sale or letting of premises.
As an employer, you may be unsure of your rights and responsibilities when hiring
a person with a disability. This can lead to the hiring of an able-bodied person
when, in fact, a person with a disability may have been the best person for
the job.
By clearly defining your responsibilities and rights, the DDA enables employers
to confidently employ a person with a disability.
As an employer, you have certain duties to fulfil under the DDA.
A Code of Practice - "Elimination
of discrimination in the field of employment against disabled persons or persons
who have had a disability" describes and gives general guidance on
the main employment provisions of the Act.
Full copy of the act can be found on the Stationary
Office website
Who has rights under the DDA?
the definition of a disabled person used in the DDA covers a wide range of people including:
People with long-term health conditions, such as diabetes
People with progressive conditions, such as multiple sclerosis
People who have been diagnosed with HIV, cancer and multiple sclerosis
People with learning disabilities
People with mental health conditions
People who have mobility impairments
Blind and partially-sighted people
Deaf and hearing-impaired people
Meeting the needs of disabled customers
The DDA states that you must not treat disabled customers unfairly, no matter what size your company is.
There are lots of things you can do.
Some changes don’t cost very much, such as providing a seat for people who have mobility impairments and cannot stand for very long.
If you are unsure how you can assist a disabled person, you could consider asking them what you can do to help.
If you can’t make adjustments like these to your service for a disabled person, you must consider whether there are other ways of providing an equivalent service, such as home delivery, where this is reasonable.
The Disability Rights Commission
The Disability Rights Commission (DRC) (www.drc-gb.org)
is an independent body set up by the Government to help secure civil rights for
disabled people. Its statutory duties are:
- to work to eliminate discrimination against disabled people
- to promote equal opportunities for disabled people
- to encourage good practice in the treatment of disabled people
- to advise the Government on the working of disability legislation (the Disability
Discrimination Act (DDA) 1995 and the Disability Rights Commission Act 1999).
In order to carry out these duties, the DRC has a number of specific functions:
- assisting disabled people to secure their rights, and arranging for legal
advice and help where appropriate
- providing information and advice to disabled people and to employers and
service providers about their rights and duties under the DDA
- preparing and reviewing statutory codes of practice, which provide practical
guidance to employers and service providers on meeting their obligations under
the DDA and on good practice
- providing an independent conciliation service in the event of disputes between
disabled people and service providers over access to goods and services, and
monitoring the performance of the conciliation service
- undertaking formal investigations into how disabled people are treated
in a particular organisation or sector, and into unlawful acts by particular
organisations
- carrying out research to inform discussion and policy-making and to ascertain
how well the law affecting the rights of disabled people is working
The DRC Helpline has a team of experienced telephone advisers who provide information
and advice about all aspects of the DDA, as well as signposting specialist organisations
where necessary. In addition, they can offer good practice advice on the employment
of disabled people.
The DRC helpline is open between 8am and 8pm Monday to Friday, tel: 08457 622
633, fax: 08457 622 611, textphone: 08457 622 644. Information can be supplied
in all formats.
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