Disability Discrimination Act 1995

The Act makes it unlawful for employers and those providing services to the public to discriminate against disabled people. In employment, from the 1 October 2004, the duty not to discriminate applies to all employers, whatever their size.

 

Since 1996, anyone providing a service to the public (a public or private enterprise of whatever size) has had to take steps to ensure that they don't discriminate against disabled people. From 1 October 2004, this duty extends to making reasonable physical changes to premises.

 

There are four forms of employment-related discrimination:

" Direct discrimination;

" Failure to comply with a duty to make reasonable adjustments;

" Disability-related discrimination; and

" Victimisation.

 

Involves less favourable treatment of an individual on the grounds of disability, when compared to how another person (without that disability, but whose relevant circumstances, including abilities, are the same or similar) would be treated.

 

This can be discrimination in its own right as well as being relevant to disability-related discrimination. It is a failure to make reasonable changes to arrangements that place the disabled person at a disadvantage when compared to a non-disabled person. The factors affecting "reasonableness" include the cost and disruption of making the adjustment and the resources of the employer.

 

In the case of disability-related discrimination, the reason for less favourable treatment relates in some way to the person's disability (but not directly the disability itself). In order that the less favourable treatment can be determined, a comparison is made with a person to whom the disability-related reason does not apply and the employer cannot show this treatment to be justified.

 

Victimisation is illegal under the DDA where an employer treats someone unfavourably because they have provided evidence or information in connection with the DDA that impacts on the employer or others. In other words, everybody has the right to ensure that the DDA is upheld without recrimination.

 

It is also unlawful for an employer to subject a disabled person to harassment, which relates to their disability, or to instruct or put pressure on a person over whom they have influence or authority to act unlawfully.

 

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