The Disability Discrimination Act

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The Disability Discrimination Act Laura Selbekk NRAC Consultant Licensed DRC Trainer

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The Disability Discrimination Act. Laura 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 - PowerPoint PPT Presentation

Transcript of The Disability Discrimination Act

Page 1: The Disability    Discrimination Act

The Disability Discrimination Act

Laura Selbekk NRAC Consultant Licensed DRC Trainer

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“Well, this certainly messes up our plans to conquer the universe!”

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Purpose of the Training

Give an overview of the DDA

Introduce a process for identifying discriminatory practice

Identify process for resolving problems of discrimination

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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

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Disability in the UKDisability in the UK 11 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

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•Physical

wheelchair user

ambulant disabled• Reading Difficulties

Dyslexia

• Visually impaired/poor vision

• Deaf or hard of hearing• Mental illness• Arthritis

600,000

Unknown

2.5 to 6 million

2.5 to 3 million

8.5 million - 1 in 7

(300,000)

15+ million - 1 in 4

over age 55 - 1 in 3

Statistics Permanent Need

Universal Need

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One in Seven Adults in the UK Has an Impairment -

Disfigurement MentalHealth

Difficulty

LearningDifficulty

Visual Impairment

Hearing Impairment

Mobility Impairment

and it is not always ‘obvious’...

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The Disability The Disability Discrimination Act 1995Discrimination Act 1995

Received 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

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Disability Discrimination Act 1995

• Part l - definition of disability

• Part ll - employment issues

• Part III - access to goods, facilities and services

• Part lll - selling and letting of premises

• Part lV – education (SENDA)

• Part V - transport vehicles

• Part Vl - National Disability Councils (DRC)

• Schedule Vlll - modifications to cover Northern Ireland

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Part III of the DDA - Currently in Force from December 1996

Making it unlawful to: refuse to serve a disabled person provide a service to a disabled

person on less favourable terms provide a service to a disabled

person in a less favourable manner

- unless it can be “justified”

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Part III of the DDA - The Later Rights of Access

From October 1999, service providers are required to: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

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Part III of the DDA – Part III of the DDA – Not Yet in Force 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

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Has Discrimination Occurred?Has Discrimination Occurred?

Step 1: Does the service user meet the Act’s 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

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Does the service user meet the Act’s 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

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Normal Day to Day Activities

mobility manual dexterity physical co-ordination continence ability to lift, carry or otherwise move

everyday objects speech, hearing or eyesight memory or ability to concentrate, learn

or understand perception of the risk of physical

danger

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Are the following considered as ‘being Are the following considered as ‘being disabled’ under the DDA?disabled’ under the DDA?

someone who walks with sticks someone who has breast cancer someone who has tattoos someone who is registered blind someone diagnosed as HIV + someone who had kidney failure 1 year ago someone who is addicted to alcohol someone who has arthritis someone with a past history of mental illness someone who is hearing impaired, but who’s

hearing is corrected by a hearing aid someone who has epileptic seizures that recur

from time to time

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Discussion PointDiscussion 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?

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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 vehicles

education (Covered under SENDA)

private clubs

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‘‘Goods, Facilities and Services’ Goods, Facilities and Services’ to the Publicto the Public access to and use of any place the public is allowed

to enter access to and use of means of communication or

information services accommodation in a hotel, boarding house or other

similar establishment facilities by way of banking, insurance, grants, loans,

credit or finance facilities for entertainment, refreshment or recreation services of any profession or trade, or any public

authority facilities of employment agencies services paid for or for free

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Are the following services/service providers covered by the DDA?

a railway station ticket office a hospital a cinema a golf club an estate agency a church or other place of worship a university course a taxi a PTA meeting advice centres a bus a leisure centre

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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?

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“Less Favourable Treatment”

• a refusal of a service• a service on worse terms• a service in a lower standard or worse

manner

and

was the less favourable treatment related to the person’s impairment?

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The Pub…

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The Pub

In order to be less favourable, the treatment must be related to the person’s 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 person’s disability and the comparison to other people to whom that reason does not apply.

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The Opera House…

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The Nightclub…

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The Opera House...

The service could not have been provided to anyone

The Nightclub...

The nature of the service would be fundamentally altered

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Discussion Point

Making a “reasonable adjustment”

Duncan is deaf. He wishes to travel to Glasgow by train and when he approaches the railway station’s 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?

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Discussion Point

A 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.

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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...)

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Justifications for Less Favourable Treatment health or safety risk to anyone, including the

disabled person where the service could not have been provided

at all to other people necessary to provide a service at all to the

disabled person because of the cover the greater cost inability to enter into an enforceable agreement

or give informed consent where a reasonable adjustment would

fundamentally alter the nature of the business or service

when it is a threat to national security

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Resolving the Problem

•Who is responsible?•What outcome is wanted?

Alternative DisputeResolution (DRC)

Court Action

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Barriers Faced by Disabled People

AttitudinalMaking 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 schedule– On-track in what areas– Behind in what areas– Ahead in what areas

Unexpected delays or issues

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Key Points in Working to Remove the Barriers

appreciate the strengths of disabled people as individuals

recognise the importance of disabled people as customers (up to 25% of the market)

understand needs of disabled people as individual customers and service users

communicate and involve disabled people in breaking down barriers

avoid stereotypes, assumptions, myths and misconceptions

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LanguageLanguage communicate naturally

try and avoid using labels

if a description is needed, use ‘disabled person’ or ‘person with a disability’ (‘the handicapped’ or ‘crippled’ are inappropriate)

try “non-disabled” instead of “able-bodied”

avoid referring to a person by the condition they have, e.g. don’t say “an epileptic”; say “a person with epilepsy”