An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council
The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
The Act was the culmination of a public campaign, and at least 100,000 people in demonstrations, to force the government to end state and business discrimination against disabled people.[1] While the Race Relations Act 1976 and the Sex Discrimination Act 1975 guaranteed minimum standards for equality on grounds of race and gender, there had been very little concerning disabled people. Prior to the DDA, the first attempt to deal with the issue of disability was the Disabled Persons (Employment) Act 1944. This made it a legal requirement for companies with over 250 employees to employ a quota of disabled persons. This failed as there was not now anyone appointed to monitor these rights and as such was toothless.
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Service providers
The Act placed duties on service providers and required "reasonable adjustments" to be made when providing access to goods, facilities, services and premises. These were introduced in three stages:
Since 2 December 1994, it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability;
Since 1 October 2002, service providers have had to make 'reasonable adjustments' for disabled people, such as providing extra help or making changes to the way they provide their services.
Since 1 October 2004, service providers may have to make other 'reasonable adjustments' in relation to the physical features of their premises to overcome physical barriers to access.
Amending legislation
The Act was amended by the following legislation in Great Britain (but not Northern Ireland, where different amendments apply):
The Special Educational Needs and Disability Act 2001 inserted new provisions in Part 4 of the DDA 1995 in connection with disability discrimination in schools and other educational establishments;
The Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002, which prevented operators of such vehicles refusing to take assistance dogs, or making additional charges for such dogs.
The Disability Discrimination Act 1995 (Amendment) Regulations 2003, and the Disability Discrimination Act 1995 (Pensions) Regulations 2003 which amended the DDA in line with the EU employment directive.
The Disability Discrimination Act 2005, which completed the implementation of the Disability Rights Task Force recommendations, including the extension of the DDA 1995 to cover public transport, and the introduction of a duty on public authorities to promote equality for disabled people.
The Equality Act 2006 which transferred the role of the Disability Rights Commission to the Equality and Human Rights Commission (EHRC). The EHRC took on this role from 1 October 2007, and has powers to issue guidance on and enforce all the equality enactments (covering race, sex, disability, religion and belief, sexual orientation and age).
Principles
The poles and grab handles on this Class 165 train are of a contrasting colour to assist visually impaired passengers. This is a reasonable adjustment in respect of the DDA.At St Giles' Cathedral in Edinburgh, the ramp to the right of the stairs was added to comply with the DDA.
"Reasonable adjustment" or, as it is known in some other jurisdictions, 'reasonable accommodation', is the radical[citation needed] concept that makes the DDA 1995 so different from the older legislation. Instead of the rather passive approach of indirect discrimination (where someone can take action if they have been disadvantaged by a policy, practice or criterion that a body with duties under the law has adopted), reasonable adjustment is an active approach that requires employers, service providers etc. to take steps to remove barriers from disabled people's participation. For example:
employers are likely to find it reasonable to provide accessible IT equipment;
many shops are likely to find it reasonable to make their premises accessible to wheelchair users;
councils are likely to find it reasonable to provide information in alternative formats (such as large print) as well as normal written form.
The Disability Rights Commission's Codes of Practice give more information to bodies with duties on assessing whether a particular adjustment is reasonable. In general, the factors to consider would include:
whether the proposed adjustment would meet the needs of the disabled person;
whether the adjustment is affordable;
whether the adjustment would have a serious effect on other people.
Sometimes there may be no reasonable adjustment, and the outcome is that a disabled person is treated less favourably. For example, if a person was not able to understand the implications of entering into a mortgage or loan agreement, and they did not have anyone authorised to act for them, it would not make sense to require a bank or building society to enter into that agreement. The Act therefore permits employers and service providers to justify less favourable treatment (and in some instances failure to make a reasonable adjustment) in certain circumstances.
An example would be a medieval castle open for public tours that didn't have modifications made for wheelchairs. To do so would destroy the castle's historical aspects such as the restrictive nature of the original circular staircases.
The system of protection of disabled people, especially those with mental health problems to keep their homes, has been greatly enhanced by certain recent rulings in the UK Court of Appeal—City of Manchester v Romano.[2]
Under the act it is unlawful to discriminate against a disabled person by evicting them or subjecting them to other detriment unless justified under the limited number of justifications set out in the act.
In practice the only relevant justification is that the landlord believes and also that it is objectively necessary for the protection of the health or safety of the disabled person or someone else.
Where the cause of the taking of proceedings is e.g. rent arrears which was caused by the disability e.g. by Housing Benefit being cancelled through non response to correspondence and the non response was caused by the disability, then not only is it discrimination, but it is discrimination which cannot be justified on the grounds allowed in the act.
This applies whether or not the landlord knew of the disability.
This applies even if
the landlord has a mandatory ground for possession, e.g.
two months rent arrears or
two months notice no reason in cases of assured shorthold tenancy where the actual reason is rent arrears
the tenancy is one where there is no statutory system of protection, e.g.
where in LA temporary accommodation under the homelessness duty
the tenancy is a business tenancy
The tenant may counter-claim and seek an injunction restraining the landlord from continuing the possession proceedings.
The judges were very worried about the extent of the law and urged Parliament to change it. However, there has since been a new act of Parliament and there was no weakening of this protection.
Statutory Instrument 2004 No. 2302The Disability Discrimination Codes of Practice (Employment and Occupation, and Trade Organisations and Qualifications Bodies) Appointed Day Order 2004 From legislation.gov.uk
The disability rights movement is a global social movement that seeks to secure equal opportunities and equal rights for all people with disabilities.
The social model of disability identifies systemic barriers, derogatory attitudes, and social exclusion, which make it difficult or impossible for disabled people to attain their valued functionings. The social model of disability diverges from the dominant medical model of disability, which is a functional analysis of the body as a machine to be fixed in order to conform with normative values. As the medical model of disability carries with it a negative connotation, with negative labels associated with disabled people. The social model of disability seeks to challenge power imbalances within society between differently-abled people and seeks to redefine what disability means as an diverse expression of human life. While physical, sensory, intellectual, or psychological variations may result in individual functional differences, these do not necessarily have to lead to disability unless society fails to take account of and include people intentionally with respect to their individual needs. The origin of the approach can be traced to the 1960s, and the specific term emerged from the United Kingdom in the 1980s.
The Disability Discrimination Act 1992(Cth) is an Act passed by the Parliament of Australia in which prohibits discrimination against people with disabilities in employment, education, publicly available premises, provision of goods and services, accommodation, clubs and associations, and other contexts. Discrimination is defined to include failing to make reasonable adjustments for the person. The Australian Human Rights Commission are given and assess complaints made under the Act.
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the Equality Act 2010, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the Protection from Harassment Act 1997. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the Trade Union and Labour Relations (Consolidation) Act 1992, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or trade union, or with advice from a solicitor, ACAS or the Citizens Advice Bureau a claim may be brought in an employment tribunal. The Equality Act 2006 established the Equality and Human Rights Commission, a body designed to strengthen enforcement of equality laws.
A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, or employment-related, and law often mandates them. Each country has its own system of reasonable accommodations. The United Nations use this term in the Convention on the Rights of Persons with Disabilities, saying refusal to make accommodation results in discrimination. It defines a "reasonable accommodation" as:
... necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
An emotional support animal (ESA) is an animal that provides relief to individuals with "psychiatric disability through companionship." Emotional support animals are not required to be trained. Any animal that provides support, comfort, or aid, to an individual through companionship, unconditional positive regard, and affection may be regarded as an emotional support animal.
The Equality Act 2010, often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting discrimination in employment on grounds of religion or belief, sexual orientation and age.
Collins v Royal National Theatre Board Ltd [2004] EWCA Civ 144; [2004] IRLR 395 is a case under the Disability Discrimination Act 1995. It concerns the duty of an employer to make reasonable accommodations for a disabled employee.
Clark v TDG Ltd [1999] IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995.
Equality and diversity is a term used in the United Kingdom to define and champion equality, diversity and human rights as defining values of society. It promotes equality of opportunity for all, giving every individual the chance to achieve their potential, free from prejudice and discrimination.
Archibald v Fife Council [2004] UKHL 32 is a UK labour law case, concerning the Disability Discrimination Act 1995.
O'Hanlon v Revenue and Customs Commissioners [2007] EWCA Civ 283 is a UK labour law case concerning disability discrimination.
The Special Educational Needs and Disability Act 2001, also known as SENDA, is an Act of the Parliament of the United Kingdom. It is intended as an adjunct to the Disability Discrimination Act 1995, which legislated to prevent the unfair treatment of individuals, in the provision of goods and services, unless justification could be proved. This legislation was deemed necessary as the previous Act did not encompass educational organisations. This was further replaced by the Disability Discrimination Act 2005.
Ableism is discrimination and social prejudice against people with physical or mental disabilities. Ableism characterizes people as they are defined by their disabilities and it also classifies disabled people as people who are inferior to non-disabled people. On this basis, people are assigned or denied certain perceived abilities, skills, or character orientations.
Lewisham LBC v Malcolm[2008] UKHL 43 was a case concerning disability discrimination and the application of equality legislation in the United Kingdom, relevant for UK labour law. It replaced the head of disability-related discrimination from the DDA 1995 with the Equality Act 2010 section 15 on discrimination arising from disability.
Disability in the United Kingdom covers a wide range of conditions and experiences, deeply impacting the lives of millions of people. Defined by the Equality Act 2010 as a physical or mental impairment with a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities, it encompasses various aspects of life, including demographics, legislation, healthcare, employment, and culture. Despite numerous advancements in policy and social attitudes, individuals with disabilities often encounter unique challenges and disparities.
Northern Ireland has differing legislation and policy in relation to disability than in other areas of the UK, due to the various governmental powers and competencies that are devolved to the Northern Ireland Assembly.
Disability rights are not specifically addressed by legislation in New Zealand. Instead, disability rights are addressed through human rights legislation. Human rights in New Zealand are protected by the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. New Zealand also signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2008.
Caroline Gillian Gooding was a British solicitor and activist for disabled people. She took up activism after having a stroke while in her early 20s. Gooding directed her efforts to publishing literature advocating a human rights-based approach to disability, advising, assisting and leading governmental disability commissions, and drafting government legislation to improve the status of disabled individuals, such as the Disability Discrimination Act 1995, the Disability Discrimination Act 2005 and the Equality Act 2010. The Caroline Gooding Memorial Lecture is named after the activist.
Rights Now, sometimes written with an exclamation mark, was a British umbrella group of disabled people's organisations and charities which campaigned for a change in the law to prevent discrimination against disabled people and for a full civil rights law, even though the result was the flawed Disability Discrimination Act 1995. The biggest protest in numbers of people was in July 1994 at Trafalgar Square and Whitehall, London. It was a very broad-based campaign, including trade unions for example. Campaigning to improve the laws for full civil rights continued, but Rights Now as a group ended in 1995.
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