The Disability Discrimination Act 1995
| Published date | 01 February 1997 |
| Pages | 48-50 |
| DOI | https://doi.org/10.1108/eb040634 |
| Date | 01 February 1997 |
| Author | Disability Policy Division |
| Subject Matter | Information & knowledge management |
The Disability
Discrimination Act
1995
by the Disability Policy Division,
Department for Education and
Employment
The Disability Discrimination Act means that
disabled people have new rights in
employment and when accessing goods,
facilities and services. Libraries need to
consider whether they are covered by the Act
and, if they
are,
how it affects them.
Introduction
The employment and first rights of access provi-
sions of the Disability Discrimination Act came
into force on 2 December 1996. The Act defines
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. This includes
deaf,
blind and
partially sighted people and people with what are
commonly known as learning disabilities. It also
covers people with severe disfigurements, people
who have had a disability in the past and people
with progressive conditions.
Employment
From 2 December 1996, it became unlawful for an
employer with 20 or more employees to treat a
disabled person less favourably than other people,
for a reason related to that person's disability,
without justification. Every aspect of employment
is covered — including selection, recruitment,
promotion, career development and redundancy or
dismissal. Employers may have to make reasonable
adjustments where employment arrangements or
employer's premises substantially disadvantage a
disabled employee or job applicant compared with
a non-disabled person.
For example, an employer might have to consider
allowing a disabled person to work flexible hours
if it meant they could travel to work outside the
rush hour to reduce tiredness from the journey. But
if the hours worked related to the specific demands
of the job the employer might
be
justified in not
changing them. Other adjustments, however, might
be necessary and reasonable.
Employers should consider when recruiting
whether the particular disabled person would be
the best person for the
job,
or if they would be
with a reasonable adjustment to working arrange-
ments, and should consider reasonable adjustment
at every stage of employment.
How does an employer know what is reasonable?
That depends on the factors involved, such as the
cost in relation to the resources of the organisation,
how effective the adjustment would be, the practi-
cality of an adjustment and the availability of any
outside funding or practical assistance. Often an
adjustment costs little or nothing.
A disabled person can make a complaint to an
industrial tribunal if they feel that they have been
discriminated against although it might be possible
to resolve the dispute with the person concerned
instead.
Access to goods, services and
facilities
Disabled customers also have rights from 2 De-
cember 1996. With the exception of transport
vehicles and the provision of education, people and
organisations providing goods, facilities and
services to the public, whether paid for or free, are
covered by the Act. Included are shops, restau-
rants,
banks, and public services such as hospitals,
libraries and museums.
It is now against the law to refuse to serve a
disabled person, provide an inferior level of
service or charge more for goods or services, for a
reason related to their disability. There are only
limited circumstances when it is possible to treat
disabled customers less favourably, one example
would be on health or safety grounds.
A disabled person who feels that they have been
discriminated against can seek redress through the
courts. They can seek compensation for financial
loss and injury to feelings, although, as with
employment cases, it may be possible to resolve a
dispute informally without the need to go to court.
48 — VINE 106
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