Disability Discrimination Act 1995 (DDA 1995)
Under the DDA 1995, it is unlawful for an employer to discriminate against a disabled person by treating them less favourably than anyone else for a reason connected to their disability (unless this can be justified), or by failing to make reasonable adjustments. This applies to all employers, except for the armed forces.
The DDA 1995 describes 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’.
Employers must treat job-seekers and disabled employees fairly to avoid disability discrimination, victimisation and harassment. The DDA 1995 Code of Practice on Employment and Occupation explains these legal concepts in more detail.
The three types of unlawful discrimination are:
- direct discrimination – a disabled person is treated less favourably than a non-disabled person whose relevant circumstances are the same or not materially different; the treatment is on grounds of disability. ‘Direct’ discrimination cannot be justified.
- failure to make a reasonable adjustment – cannot be justified and happens when an employer fails to make a reasonable adjustment for a disabled person.
- disability-related discrimination – when a disabled person is treated less favourably for a disability-related reason and the treatment cannot be justified.
Stress may be caused, deliberately or accidentally, by bullying in the workplace. If the bullying is linked to disability, you have rights under disability legislation.
The public sector and, potentially, its partners have a new Disability Equality Duty to make a real, positive change to the lives of disabled employees, ensuring they are treated fairly and equally.
Employers can help themselves by not making assumptions about disabled people and finding out about the effects of an applicant’s or employee’s impairment.
Employers should also ensure that they:
- train other staff to understand their policy towards disabled people
- provide disability equality training for all staff who have contact with the public
- give the example of good practice by setting standards within the organisation
- ensure the services they are providing are accessible to disabled people
If you have a disability or long-term health condition, you may need to tell your employer so you can:
- meet your health and safety responsibilities;
- work with your employer on any ‘reasonable adjustments’ that may be needed;
- work with your employer if a risk assessment is needed or if you have concerns about its results. If you have a safety representative, he or she may help.
Your employer should:
- assess and manage the work risks to everyone;
- include you in any health and safety information and training;
- involve you if they need to know whether your disability affects workplace health and safety and, if so, to what extent. This is so you can work together to find the best outcome, for instance ‘reasonable adjustments’ that overcome risk;
- involve others, such as specialists or your representative if needed, to understand the effects on workplace health and safety of your disability or long-term health condition;
- ask for your consent before approaching specialists, or your doctor, who can advise on options for workplace adjustment;
- be sensitive and timely about making risk assessments if these are needed;
- make other, short-term arrangements, to support you when delay cannot be helped (for instance, if your employer is waiting for an Access to Work grant);
- create a working environment that allows you to feel comfortable talking about your disability or long-term health condition;
- work with you to make sure adjustments are a help, not a hindrance.
The key thing is not the impairment but its effect. Impairments such as back pain can count as a disability if the adverse effect on the individual is substantial and long-term.
Northern Ireland
The Equality Commission NI provides an information and advisory service to employers to help them understand their legal obligations under the DDA 1995. Advice is also available to individuals regarding the DDA 1995. The Equality Commission can direct people to other organisations which have expert knowledge of disability issues.
The Equality Commission for Northern Ireland can be contacted at:
Equality House, 7-9 Shaftesbury Square, Belfast BT2 7DP
Telephone: 028 9050 0600
Fax 028 9024 8687
Text phone: 028 9050 0589
Email
Website: www.equalityni.org
Note also the Health and Safety Executive for Northern Ireland (HSENI)