Q7 - What are my legal obligations under the Disability Discrimination Act - who will advise me on how I can meet them?

THE DISABILITY DISCRIMINATION ACT

Who has rights under the Disability Discrimination Act (DDA)?

All disabled people. Disability is legally defined as "a physical or mental impairment which has a substantial and long term adverse effect on the ability to carry out normal day to day activities".

This definition is unhelpful when assessing someone's fitness to work and suitability for employment which must be based on equal and fair treatment and proper functional assessment (LINK TO Specialist ORGANISATIONS)

Legally a condition can only qualify as a disability if it has lasted or can be expected to last at least 12 months. Many disabled people can carry out normal day to day activities without any additional equipment or support but some may require additional equipment/support to do so.

If a person is registered as blind or partially sighted they are protected by the DDA. If they could be registered they are covered and in some cases persons who could not be registered as blind or partially sighted are still covered by the act. Since 2005 the terms Severely Sight Impaired and sight impaired have been substituted for the terms blind or partially sighted - and you may come across these terms in official documentation and so should be aware of what they mean.

What Employers Must Abide by the DDA?

All employers must abide by the DDA. Employers of any size are covered. Only parts of the armed forces are specifically excluded. The DDA covers all kinds of paid employment, temporary, part-time, permanent and short-term contract. (Link RC and Acas)

What is meant by Discrimination?

What is meant by Discrimination? Direct Discrimination - means treating a disabled person less favourably because of their disability. Generally, this is where the disability itself is the grounds for the treatment and is based on prejudice. An example would be refusing to employ someone because of their disability or sacking someone without seeking to redeploy or to make reasonable adjustments.

Indirect discrimination - means treating a disabled person less favourably for reasons relating to a disability than others for whom that reason did not apply... An example would be refusing to supply information in an accessible format.

What Must Employers Do?

Employers must make "reasonable adjustments". Failure to do so, which disadvantages a disabled person, is discrimination. Reasonable adjustment is not defined by the DDA, but the following list are possible examples. (Not exhaustive)

Make adaptations to written tests or tasks in a recruitment interview to allow a blind person access.
Allow submissions of job applications in alternative formats, e.g. electronic, Braille or tape etc.
Provide a blind or partially sighted person with an electronic magnifier, screen enlarger or other assistive technology in consultation with specialist organisations.
Allow time off for sight assessments or rehabilitation programme
Reallocation of minor elements of a job to other staff

Employers should pay regard to

The extent to which the adjustment would prevent the discriminatory effect in question - does any adaptation really work?
The practicability of making the adjustment
The financial and other cost of making the adjustment
The extent of resources available
The nature and size of the business

Employers need to be aware that if they are refusing to make any particular adjustment they must be able to show that they have seriously considered the issue

Can any Discrimination be justified?

Direct discrimination can never be justified - indirect discrimination can be justified under the DDA if no reasonable adjustment is available to address the problem - deciding what is reasonable would be a matter for legal debate.