Disability Discrimination Act 1995
Encyclopedia
The Disability Discrimination Act 1995 (c 50) is an Act
of the Parliament of the United Kingdom
which has now been repealed and replaced by the Equality Act 2010 (http://www.legislation.gov.uk/ukpga/2010/15/contents), except in Northern Ireland
where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
The DDA is a civil rights
law. Other countries use constitutional, social rights
or criminal law
to make similar provisions. The Equality and Human Rights Commission combats discrimination. Equivalent legislation exists in Northern Ireland, which is enforced by the Northern Ireland Equality Commission.
It is still permissible for employers to have reasonable medical criteria for employment, and to expect adequate performance from all employees once any reasonable adjustments have been made.
The duties on service providers have been introduced in three stages:
, where different amendments apply):
and the Race Relations Act 1976
). These Acts, also repealed and replaced by the Equality Act 2010, made direct discrimination
and indirect discrimination
unlawful. However, these concepts are insufficient to deal with the issues of disability discrimination.
The core concepts in the DDA 1995 are, instead:
"Reasonable adjustment" or, as it is known in some other jurisdictions, 'reasonable accommodation', is the radical concept that makes the DDA 1995 so different from the older legislation. Instead of the rather passive approach of indirect discrimination (where someone can take action if they have been disadvantaged by a policy, practice or criterion that a body with duties under the law has adopted), reasonable adjustment is an active approach that requires employers, service providers etc to take steps to remove barriers from disabled people's participation. For example:
The Disability Rights Commission's Codes of Practice give more information to bodies with duties on assessing whether a particular adjustment is reasonable. In general, the factors to consider would include:
Sometimes there may be no reasonable adjustment, and the outcome is that a disabled person is treated less favourably. For example, if a person was not able to understand the implications of entering into a mortgage or loan agreement, and they did not have anyone authorised to act for them, it would not make sense to require a bank or building society to enter into that agreement. The Act therefore permits employers and service providers to justify less favourable treatment (and in some instances failure to make a reasonable adjustment) in certain circumstances.
An example would be a medieval castle open for public tours that didn't have modifications made for wheelchairs. To do so would destroy the castle's historical aspects such as the restrictive nature of the original circular staircases.
The system of protection of disabled people, especially those with mental health problems to keep their homes, has been greatly enhanced by certain recent rulings in the UK Court of Appeal—City of Manchester v Romano – http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/834.html&query=romano&method=boolean .
Under the act it is unlawful to discriminate against a disabled person by evicting them or subjecting them to other detriment unless justified under the limited number of justifications set out in the act.
In practice the only relevant justification is that the landlord believes and also that it is objectively necessary for the protection of the health or safety of the disabled person or someone else
Where the cause of the taking of proceedings is e.g. rent arrears which was caused by the disability e.g. by Housing Benefit being cancelled through non response to correspondence and the non response was caused by the disability Then not only is it discrimination it is discrimination which cannot be justified on the grounds allowed in the act.
This applies whether or not the landlord knew of the disability.
This applies even if
The tenant may counterclaim and seek an injunction restraining the landlord from continuing the possession proceedings
The judges were very worried about the extent of the law and urged the UK parliament to change it. However there has since been a new act of parliament and there was no weakening of this protection.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
which has now been repealed and replaced by the Equality Act 2010 (http://www.legislation.gov.uk/ukpga/2010/15/contents), except in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
The DDA is a civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
law. Other countries use constitutional, social rights
Social rights
Economic, social and cultural rights are socio-economic human rights, such as the right to education, right to housing, right to adequate standard of living and the right to health. Economic, social and cultural rights are recognised and protected in international and regional human rights...
or criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
to make similar provisions. The Equality and Human Rights Commission combats discrimination. Equivalent legislation exists in Northern Ireland, which is enforced by the Northern Ireland Equality Commission.
It is still permissible for employers to have reasonable medical criteria for employment, and to expect adequate performance from all employees once any reasonable adjustments have been made.
Service providers
In addition to imposing obligations on employers, the Act placed duties on service providers and required "reasonable adjustments" to be made when providing access to goods, facilities, services and premises.The duties on service providers have been introduced in three stages:
- Since 2 December 1994 – It has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability;
- Since 1 October 1972 – Service providers have had to make 'reasonable adjustments' for disabled people, such as providing extra help or making changes to the way they provide their services.
- Since 1 October 2004 – Service providers may have to make other 'reasonable adjustments' in relation to the physical features of their premises to overcome physical barriers to access.
Amending legislation
The Act was amended by the following legislation in Great Britain (but not Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, where different amendments apply):
- The Disability Rights Commission Act 1999, which replaced the National Disability Council with the Disability Rights CommissionDisability Rights CommissionThe Disability Rights Commission was established by the British Labour government in 1999. At that time, the DRC was the UK's third equality commission alongside the Commission for Racial Equality and the Equal Opportunities Commission....
(DRC); - The Special Educational Needs and Disability Act 2001Special Educational Needs and Disability Act 2001Special Educational Needs and Disability Act 2001 , also known as SENDA, is an Act of the Parliament of the United Kingdom. It is intended as an adjunct to the Disability Discrimination Act 1995, which legislated to prevent the unfair treatment of individuals, in the provision of goods and...
inserted new provisions in Part 4 of the DDA 1995 in connection with disability discrimination in schools and other educational establishments; - The Private Hire Vehicles (Carriage of Guide Dogs etc) Act 2002, which prevented operators of such vehicles refusing to take assistance dogs, or making additional charges for such dogs.
- The Disability Discrimination Act 1995 (Amendment) Regulations 2003, and the Disability Discrimination Act 1995 (Pensions) Regulations 2003 which amended the DDA in line with the EU employment directive.
- The Disability Discrimination Act 2005Disability Discrimination Act 2005The Disability Discrimination Act 2005 is an Act of the Parliament of the United Kingdom.-Section 20 - Short title, interpretation, commencement and extent:The following orders have been made under section 20:*...
, which completed the implementation of the Disability Rights Task Force recommendations, including the extension of the DDA 1995 to cover public transport, and the introduction of a duty on public authorities to promote equality for disabled people. - The Equality Act 2006Equality Act 2006The Equality Act 2006 is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comparable protections across all equality strands...
which transferred the role of the Disability Rights CommissionDisability Rights CommissionThe Disability Rights Commission was established by the British Labour government in 1999. At that time, the DRC was the UK's third equality commission alongside the Commission for Racial Equality and the Equal Opportunities Commission....
to the Equality and Human Rights Commission (EHRC). The EHRC took on this role from 1 October 2007, and has powers to issue guidance on and enforce all the equality enactments (covering race, sex, disability, religion and belief, sexual orientation and age).
Principles
The DDA 1995 departed from the fundamental principles of older UK discrimination law (the Sex Discrimination Act 1975Sex Discrimination Act 1975
The Sex Discrimination Act 1975 is an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marriage. The Act concerned employment, training, education, harassment, the provision of goods and services, and the disposal of premises...
and the Race Relations Act 1976
Race Relations Act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race.Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of...
). These Acts, also repealed and replaced by the Equality Act 2010, made direct discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
and indirect discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
unlawful. However, these concepts are insufficient to deal with the issues of disability discrimination.
The core concepts in the DDA 1995 are, instead:
- less favourable treatment for a reason related to a disabled person's disability; and
- failure to make a "reasonable adjustment".
"Reasonable adjustment" or, as it is known in some other jurisdictions, 'reasonable accommodation', is the radical concept that makes the DDA 1995 so different from the older legislation. Instead of the rather passive approach of indirect discrimination (where someone can take action if they have been disadvantaged by a policy, practice or criterion that a body with duties under the law has adopted), reasonable adjustment is an active approach that requires employers, service providers etc to take steps to remove barriers from disabled people's participation. For example:
- employers are likely to find it reasonable to provide accessible IT equipment;
- many shops are likely to find it reasonable to make their premises accessible to wheelchair users;
- councils are likely to find it reasonable to provide information in alternative formats (such as large print) as well as normal written form.
The Disability Rights Commission's Codes of Practice give more information to bodies with duties on assessing whether a particular adjustment is reasonable. In general, the factors to consider would include:
- whether the proposed adjustment would meet the needs of the disabled person;
- whether the adjustment is affordable;
- whether the adjustment would have a serious effect on other people.
Sometimes there may be no reasonable adjustment, and the outcome is that a disabled person is treated less favourably. For example, if a person was not able to understand the implications of entering into a mortgage or loan agreement, and they did not have anyone authorised to act for them, it would not make sense to require a bank or building society to enter into that agreement. The Act therefore permits employers and service providers to justify less favourable treatment (and in some instances failure to make a reasonable adjustment) in certain circumstances.
An example would be a medieval castle open for public tours that didn't have modifications made for wheelchairs. To do so would destroy the castle's historical aspects such as the restrictive nature of the original circular staircases.
The system of protection of disabled people, especially those with mental health problems to keep their homes, has been greatly enhanced by certain recent rulings in the UK Court of Appeal—City of Manchester v Romano – http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2004/834.html&query=romano&method=boolean .
Under the act it is unlawful to discriminate against a disabled person by evicting them or subjecting them to other detriment unless justified under the limited number of justifications set out in the act.
In practice the only relevant justification is that the landlord believes and also that it is objectively necessary for the protection of the health or safety of the disabled person or someone else
Where the cause of the taking of proceedings is e.g. rent arrears which was caused by the disability e.g. by Housing Benefit being cancelled through non response to correspondence and the non response was caused by the disability Then not only is it discrimination it is discrimination which cannot be justified on the grounds allowed in the act.
This applies whether or not the landlord knew of the disability.
This applies even if
- the landlord has a mandatory ground for possession, e.g.
- 2 months rent arrears or
- 2 months notice no reason in cases of assured shorthold tenancy where the actual reason is rent arrears
- the tenancy is one where there is no statutory system of protection, e.g.
- where in LA temporary accommodation under the homelessness duty
- the tenacy is a business tenancy
The tenant may counterclaim and seek an injunction restraining the landlord from continuing the possession proceedings
The judges were very worried about the extent of the law and urged the UK parliament to change it. However there has since been a new act of parliament and there was no weakening of this protection.
Cases
- Coleman v Attridge Law AG Maduro' opinion (C‑303/06) [2007] IRLR 88
- Paul v National Probation Service [2004] IRLR 190, [2003] UKEAT 0290_03_1311
- Chacon Navas v Eurest Colectividades SA (2007) All ER (EC) 59 (C-13/05)
- Goodwin v Patent Office [1999] ICR 302, on a paranoid schizonphrenic
- Vicary v British Telecommunications plc [1999] IRLR 680, per Morison J
- Leonard v Southern Derbyshire Chamber of Commerce [2001] IRLR 19
- Clark v TDG Ltd (t/a Novacold Ltd) [1999] IRLR 318
- Jones v Post Office [2001] IRLR 384
- Collins v Royal National Theatre Board Ltd [2004] IRLR 395
- Archibald v Fife CouncilArchibald v Fife CouncilArchibald v Fife Council [2004] is a UK labour law case, concerning the Disability Discrimination Act 1995.-Facts:Mrs Archibald was employed as a road sweeper for Fife Council. She had surgery in 1999. Sadly there were complications. She lost the ability to walk and could no longer work. The...
[2004] UKHL 32
See also
- Disability discrimination actDisability discrimination actIn the late 20th and early 21st centuries, a number of countries have passed laws aimed at reducing discrimination against people with disabilities. These laws have begun to appear as the notion of civil rights has become more influential globally, and follow other forms of anti-discrimination and...
– general definition, and list of acts by country - Disability rights movementDisability rights movementThe disability rights movement is the movement to secure equal opportunities and equal rights for people with disabilities. The specific goals and demands of the movement are: accessibility and safety in transportation, architecture, and the physical environment, equal opportunities in independent...
Disability rights activism - Easy Access on public transport, etc.
- Equality Act 2010
External links
- Equality and Human Rights Commission:
- Article on DDA from Directgov – UK govt information
- The Disability Discrimination Act 1995 and the Disability Discrimination Act 2005, as originally enacted, from the Office of Public Sector InformationOffice of Public Sector InformationThe Office of Public Sector Information is the body responsible for the operation of Her Majesty's Stationery Office and of other public information services of the United Kingdom...
. - Building websites to comply with the UK DDA
- Disabled Go List of resources from Disabled Go, a website founded by wheelchair user Gregory Burke
- Disability Statistics Some recent disability statistics