The Disability Discrimination Act 1995

This Act protects you against discrimination you may face as a person with a disability. The Act says that discrimination happens when you are treated less favourably than someone else because of your disability, without a good reason. A possible reason might, for example, be to protect the health and safety of you or other people.

The law also says that employers and people who provide services must make 'reasonable adjustments' for people with disabilities.

.: Codes of practice.

The Act is also linked to codes of practice which set out the things that employers and organisations you deal with (like shops, banks and your local council) should do to make life easier for you.This includes things like changing the way they provide services (for example, a restaurant providing large-print or Braille menus). By 2004, organisations may have to make some alterations to their buildings, to make sure that they can be easily accessed by people with disabilities (for example, by widening entrances for wheelchair users).

The Disability Discrimination Act says that if organisations don't do these types of things without having a good reason, this may count as discrimination. But, because the law is still fairly new and not enough cases have yet been tested in courts or tribunals, it is not easy to say what is reasonable' in every situation.

.: What counts as a disability?

The Disability Discrimination Act says that a disabled person is someone with a physical or mental 'impairment' which has 'a substantial and long-term adverse effect upon their ability to carry out normal day-to-day activities'.The exact meaning of this is important in deciding whether you count as disabled forthe purposes of the law. If you want to take a claim that you have been discriminated against because of a disability, you may need an expert medical opinion to backyou up.

A 'substantial adverse effect' is something which limits your ability in more than a minor or trivial way. 'Normal day-to-day activities' are things that most people can do on a fairly regular basis, such as:-

• Cooking a meal; or
• Catching a bus.

But they don't include things like:-

• Playing a musical instrument; or
• Using specialist machinery.

'Long-term' means the effect:

• Has lasted at least 12 months.
• Is likely to last at least 12 months; or
• Is likely to last for the rest of your life.

This means that, for example, if you have problems getting around because you have a broken leg, which is likely to healwithin 12 months, you would not normally count as a person with a disability. 'Impairment' includes:-

• Physical disabilities (such as having to use a wheelchair, or having poor sight or hearing); and
• Learning disabilities and mental ill-health.

TheAct lists eight kinds of ability and says that if your condition affects one or more of these, your ability to carry out normal day-to-day activities will be affected. They are:-

• Mobility (getting around).
• Manual dexterity (using your hands).
• Physical co-ordination.
• Continence (being in full control of body functions, such as passing urine);
• Being able to lift, carry or move everyday objects.
• Speech, hearing or eyesight.
• Memory or ability to concentrate, learn or understand; and
• Being aware of the risk of physical danger.

.: Some special cases.

If your disability comes and goes, it counts as 'long-term' if the 'substantial adverse effect' is likely to come back 12 months or more after it started. If you have had a disability, you are protected from discrimination even if you no longer have it. If you have an illness which is likely to get worse so that it eventually has a 'substantial adverse effect', you are covered by the Act from the time your illness began to affect your abilities. This includes, for example:-

• Cancer.
• Multiple sclerosis.
• Muscular Dystrophy; and
• HIV infection.

What doesnt count as a disability Certain conditions are not counted as 'impairments' under the Disability Discrimination Act. Two examples are:-

• Addiction to or dependency on alcohol, nicotine, or any drug (unless it was medically prescribed); and
• Hayfever-type allergies, except where they make another condition worse.

If you are not sure about whether a disability you have counts as an impairment underthe Act, contact the Disability Rights Commission.

.: Discrimination at work.

If you have a disability, it is unlawful (illegal) for an employer to discriminate against you when:-

• Choosing someone for a job; and
• Considering people for promotion, dismissal or redundancy.

For example, when you are applying for a job, an employer must not discriminate against you because of your disability:

• When deciding who should be offered the job. This includes the job description, the person specification' (the description of the skills, experience and qualifications needed to do the job), the application form, the short-listing process, interviewing and final selection.
• In making any 'reasonable adjustments' to the workplace or working arrangements so that a person with a disability could do the job; and
• The terms of the employment contract, such as pay, holidays or working conditions.

For example, if you are turned down for a job because a disability has stopped you getting a driving licence, the employer could be guilty of discrimination if:-

• The driving licence is not strictly necessary to do the job because the amount of travelling is small and you could do it, for example, by taxi; and
• You are otherwise the best candidate for the job.