What is The Disability
Discrimination Act?
The Disability Discrimination Act 1995 (updated 2005) aims to
end the discrimination that many disabled people face. It
gives disabled people rights in a number of specific areas,
including employment.
How does the Act define 'disabled'?
The Act defines
disability as a physical or mental impairment which has a
substantial and long-term adverse effect on a person's ability to
carry out normal day to day activities. This includes:
- Physical impairments affecting mobility and the senses
such as sight and hearing.
- Mental impairments such as learning difficulties and
medically recognised mental illnesses.
- Severe disfigurements .
- Progressive conditions where impairments are likely to
become substantial such as cancer, HIV infection, multiple
sclerosis, muscular dystrophy. The Act covers these conditions from
the moment there is a noticeable effect on normal day to day
activities, however small.
How does discrimination occur?
Discrimination occurs
when a person with a disability is treated less favourably than a
non-disabled person would be. However, for it to be classed
as discrimination this treatment must be related to the person's
disability. There are two key ways in which an employer might
unlawfully discriminate against a disabled employee or job
applicant:
- by treating him or her less favourably (without
justification) than other employees or job applicants because of
his or her disability
- by not making reasonable adjustments (without
justification)
What does 'reasonable adjustment' mean?
Employers need to take
reasonable steps to reduce or remove any employment arrangements or
physical features of their premises that substantially disadvantage
a disabled employee or applicant. Examples might
include:
- An employer refusing to promote an employee who uses a
wheelchair, solely because their new office would be inaccessible,
if by rearranging the office environment the employee could be
accommodated in an accessible office, would be guilty of
unreasonable behaviour.
- An employer prepared to alter your working hours to tie
in with any medical treatment you are receiving would be classed as
treating you reasonably.
Does the Act cover every occupation?
No. There are certain jobs not covered by the Act.
These include:
- Police Officers
- Fire-fighters
- Prison Officers
- People serving in the Armed Forces
The Act also does not cover people working mainly or totally
outside the UK.
If I feel I have been discriminated against, what do I
do?
First of all discuss the
issue with your employer. Remind them of their
responsibilities under the Act. If this doesn't work and you
wish to take the matter further you can follow what is known in the
Act as the Questions Procedure, or make a formal complaint
to an employment tribunal.
Who can help me?
For access to the full content of the Act go to Disability
Discrimination Act