The Disability Discrimination Act
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Transcript of The Disability Discrimination Act
The Disability Discrimination ActLaura Selbekk NRAC Consultant Licensed DRC Trainer
Well, this certainly messes up our plans to conquer the universe!
Purpose of the Training Give an overview of the DDA
Introduce a process for identifying discriminatory practice
Identify process for resolving problems of discrimination
Medical Model My impairment is the focus, therefore it is my problem. It is about what I cannot do in the same way as another person, what I am unable to access because of my impairment and implies that I am fundamentally different from other people.Social Model Disability is not caused by my impairment, but by the way in which society fails to meet my needs.The Different Perspectives
Disability in the UK11 million disabled adults = 17% of the population
1 in 4 will at some stage in their life be disabled
the DDA introduces a new definition of disability - much wider in scope
25% of the population could be covered by the DDA
Physical wheelchair user ambulant disabled Reading Difficulties Dyslexia Visually impaired/poor vision Deaf or hard of hearing Mental illness Arthritis 600,000Unknown2.5 to 6 million2.5 to 3 million8.5 million - 1 in 7(300,000)15+ million - 1 in 4over age 55 - 1 in 3Statistics Permanent Need Universal Need
One in Seven Adults in the UK Has an Impairment - DisfigurementMentalHealth DifficultyLearningDifficultyVisual ImpairmentHearing ImpairmentMobility Impairment and it is not always obvious...
The Disability Discrimination Act 1995Received Royal Assent on the 8th November 1995
Outlaws discrimination against disabled people in recruitment and employment and in the provision of goods, facilities and services
Disability Discrimination Act 1995Part l - definition of disabilityPart ll - employment issuesPart III - access to goods, facilities and servicesPart lll - selling and letting of premisesPart lV education (SENDA)Part V - transport vehiclesPart Vl - National Disability Councils (DRC)Schedule Vlll - modifications to cover Northern Ireland
Part III of the DDA - Currently in Force from December 1996Making it unlawful to:refuse to serve a disabled personprovide a service to a disabled person on less favourable termsprovide a service to a disabled person in a less favourable manner
- unless it can be justified
Part III of the DDA - The Later Rights of Access
From October 1999, service providers are required to: take reasonable steps to change any policies, procedures and practices which make it impossible or unreasonably difficult for disabled people to make use of a service take reasonable steps to provide auxiliary aids or services which will enable disabled people to make use of a service take reasonable steps to provide the service by a reasonable alternative method, where physical barriers make it impossible or unreasonably difficult for disabled people to use a service
Part III of the DDA Not Yet in Force
From 2004 service providers will be required to:
take reasonable steps to remove, alter, or provide reasonable means of avoiding physical features which make it impossible or unreasonably difficult for disabled people to use a service
Has Discrimination Occurred?
Step 1: Does the service user meet the Acts definition of disability?
Step 2: Is the service excluded from the Act?
Step 3: Has the disabled person received less favourable treatment and/or has there been a failure to make a reasonable adjustment?
Step 4: Can the service provider justify the treatment and/or is the failure to make a reasonable adjustment justifiable?
Step 5: Resolving the problem
Does the service user meet the Acts definition of disability? Any physical or mental impairment which has a substantial and long term adverse effect on the ability to carry out normal day-to-day activities.
Impairment (physical, sensory, learning, mental health)
Substantial (not trivial)
Long term (12 month criteria)
Adversely Affect Normal Daily Activities
Normal Day to Day Activities
mobilitymanual dexterityphysical co-ordinationcontinenceability to lift, carry or otherwise move everyday objectsspeech, hearing or eyesightmemory or ability to concentrate, learn or understandperception of the risk of physical danger
Are the following considered as being disabled under the DDA?someone who walks with stickssomeone who has breast cancersomeone who has tattoossomeone who is registered blindsomeone diagnosed as HIV +someone who had kidney failure 1 year agosomeone who is addicted to alcoholsomeone who has arthritissomeone with a past history of mental illnesssomeone who is hearing impaired, but whos hearing is corrected by a hearing aidsomeone who has epileptic seizures that recur from time to time
Discussion Point If an older person were to come into your office with a complaint about discrimination, how would you identify whether or not they are disabled?
Is the service provider excluded from the Act? All providers of goods, facilities and services to the public (within the UK) are covered under Part III of the Act unless specifically excluded.
EXCLUDED goods, facilities and services:
transport vehicleseducation (Covered under SENDA)private clubs
Goods, Facilities and Services to the Publicaccess to and use of any place the public is allowed to enteraccess to and use of means of communication or information servicesaccommodation in a hotel, boarding house or other similar establishmentfacilities by way of banking, insurance, grants, loans, credit or financefacilities for entertainment, refreshment or recreationservices of any profession or trade, or any public authorityfacilities of employment agenciesservices paid for or for free
Are the following services/service providers covered by the DDA?a railway station ticket officea hospitala cinemaa golf cluban estate agencya church or other place of worshipa university coursea taxia PTA meetingadvice centresa busa leisure centre
Has the disabled person received less favourable treatment and/or has there been a failure to make a reasonable adjustment?Did the disabled person receive less favourable treatment?
Was it impossible or unreasonably difficult for the disabled person to use the service?
Was a reasonable adjustment made to remedy the situation?
Less Favourable Treatmenta refusal of a servicea service on worse termsa service in a lower standard or worse mannerandwas the less favourable treatment related to the persons impairment?
The PubIn order to be less favourable, the treatment must be related to the persons disability. This means that if the person did not have that disability, he would not have behaved in that particular way and would not have been refused service.
This example introduces a critical issue about the connection to the persons disability and the comparison to other people to whom that reason does not apply.
The Opera House
The Opera House...The service could not have been provided to anyoneThe Nightclub...The nature of the service would be fundamentally altered
Making a reasonable adjustmentDuncan is deaf. He wishes to travel to Glasgow by train and when he approaches the railway stations ticket office he is unable to understand the ticket office assistant. He requires a loop system to communicate effectively. Is the station excluded from the Act?
Discussion PointA Council Tax Office has a public enquiry service that is located on the third floor of the building with no lift access. A woman with a severe mobility disability is unable to negotiate the stairs and complains that she is not able to make use of the service.
The biggest misunderstandingrelated to this part of the Act is likely to concern the need for physical access.It is the service that is required to be accessible - not the premises (yet...)
Justifications for Less Favourable Treatmenthealth or safety risk to anyone, including the disabled personwhere the service could not have been provided at all to other peoplenecessary to provide a service at all to the disabled personbecause of the cover the greater costinability to enter into an enforceable agreement or give informed consentwhere a reasonable adjustment would fundamentally alter the nature of the business or servicewhen it is a threat to national security
Resolving the ProblemWho is responsible?What outcome is wanted?Alternative DisputeResolution (DRC)Court Action
Barriers Faced by Disabled PeopleAttitudinalMaking assumptions about disabled people;prejudice, ignorance, lack of education, fear, indifference and labeling a disabled person which obscures his/her attributes...
EnvironmentalObstacles which prevent the free movement of disabled people from place to place;inaccessible transport, lack of appropriate allocated parking, travel announcements made verbally over loudspeakers...OrganisationalPolicies and procedures which exclude disabled people;not taking into account individual capabilities, regulations which are inflexible and unthinkingly applied
High-level overview of progress against scheduleOn-track in what areasBehind in what areasAhead in what areasUnexpected delays or issues
Key Points in Working to Remove the Barriersappreciate the strengths of disabled people as individualsrecognise the importance of disabled people as