The Disability Discrimination Act 1995
This act was developed 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 and to make provisions in regard to employment for disabled people.
Part I of the Act: Addresses the problems of defining the meanings of “disability” and “disabled person”.
Part II of the Act: Deals with discrimination in employment.
An employer has a duty to make reasonable adjustments to ensure that a current disabled employee is not placed at substantial disadvantage compared to others and that all disabled people have the same opportunities to access employment as non disabled people.
Part III of the Act: Deals with discrimination in non-employment areas such as; goods, facilities and services, as well as discrimination in the disposal or management of premises.
Anyone providing public services has a duty to make reasonable adjustments to their property, business or service to anticipate the needs of the disabled population.
Since December 1996 it has been unlawful to discriminate against disabled people by:
- Refusing to provide or, deliberately not providing a service that is normally offered to other people
- Offering a lower standard of service
- Offering less favourable terms
From October 1999 providers of goods, facilities and services should already have taken reasonable steps to:
- Change practices, policies or procedures, which make it impossible or unreasonably difficult for disabled people to use a service
- Provide auxiliary aids or services to enable disabled people to use a service
- Overcome physical barriers by providing a service by a reasonable alternative method
From October 2004, service providers have had a statutory obligation to take reasonable steps to remove barriers for disabled people and change physical features that make it unreasonably difficult for disabled people to use their services, or to provide services by other means. Problems and solutions vary from business to business
This might include putting up clearer signs for visually impaired customers, installing an induction loop for deaf people or installing ramps/handrails to improve disabled access, correct table/counter heights, highlighting danger areas or removing obstacles all complying to British standard BS8300 and Part M of the buildings regulations.
The law says you can make the alterations in four ways:
- Remove the barrier or obstacle
- Find a means of avoiding the problem - for example, reconfiguring the internal layout of a building
- Alterations, such as adding a ramp, clearer signage, changing the height of reception desks.
- Providing a service or access by reasonable alternative means such as offering a home service, installing call bells at approved heights, adjusting door openings.
Disability Discrimination Act 2005
This Act is aimed to further address the obstacles and discrimination which many disabled people experience in areas such as employment and access to goods and services. This includes treating a disabled person less favourably than someone else, without justification, for a reason relating to their disability.
Discrimination also occurs if, without justification, a ‘reasonable adjustment’ is not made. The Act applies to all those who provide goods, facilities and services to the public.
Public sector organisations are also required to develop and put in place Disability Equality Schemes which state how they will deal with discrimination, remove barriers and provide services for disabled people.
In addition there are various statutes and regulations covering disability, for example:
- The Disability Discrimination (Meaning of Disability) Regulations 1996 (SI 1996/1455)
- Disability Rights Commission Act 1999
- The Disability Discrimination (Blind and Partially Sighted Persons) Regulations 2003 (SI 2003/712)
- The Disability Discrimination Act 1995 (Amendment) Regulations (SI 2003/1673)
- The Disability Discrimination Act 2005.
Reasonable adjustments
Under both the Disability Discrimination Acts (DDA) 1995 and 2005 government departments and agencies are required, as far as practicable, not to discriminate against disabled people and to provide services and information that is accessible through reasonable adjustments.
A reasonable adjustment means looking for alternative ways of providing services. This must be done by taking “reasonable steps” to reduce or remove any barrier which could substantially disadvantage a disabled person compared to a non-disabled person.
Failure to make a “reasonable adjustment” could be considered discrimination. If necessary, more than one reasonable adjustment might be required. Reasonable adjustments cover aspects of both the physical environment and the employment arrangements of businesses. What constitutes a reasonable adjustment depends on the individual's particular circumstances and those of the business.
The Disability Discrimination Act Code of Practice states that what is reasonable will vary according to:
- The type of service being provided
- The nature of the service provider, and its size and resources
- How the person’s disability affects them in that context.
It also says that the following factors might be taken into account when considering what is “reasonable”:
- How effective any steps would be in overcoming the difficulty that disabled people face in accessing the services
- How practicable it would be for the service provider to take these steps
- How disruptive taking the steps would be
The financial and other costs of making the adjustment
The extent of the service provider’s financial and other resources
The amount of any resources already spent on making adjustments
- The availability of financial or other assistance.
This would be for example providing:
Transport to enable disabled customers to attend meetings
Disabled adaptations
Information in a variety of formats, such as large print, audio or digital talking book
Care cover while carers attending consultations meetings
A facility for a customer to have a guide dog in a retirement housing property
Technological assistance for staff – specially adapted computers
Practicable
Practicable refers to what may be practiced or performed; capable of being done or accomplished with the available means or resources; feasible as, a practicable method; a practicable aim; a practicable good.
