Disability Discrimination Act 1995

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  • Disability Discrimination Act 1995
    • Features
      • Employment
        • Applies to all applicants, workers and employees
        • Employers should make 'reasonable adjustments' to the working environment e.g. stair lift or equal opportunity policy
        • Employers do not have to be aware of disability to discriminate
        • Trade unions must admit disabled member and give them the same benfits
      • Goods, facilities and services
        • Applies to both paid and unpaid services (e.g. hotels, entertainment, training
        • Services must make adjustments (disabled access) and provide equal services
      • Housing
        • Housing providers must provide aids for disabled people e.g. handrails or ramps for the use of premises
      • Education
        • Schools must provide support to disabled pupils and prepare access ability plans
        • Services should be equally available
        • Schools cannot discriminate e.g. refusing disabled pupils
      • Transport
        • Taxis should adhere to accessibility provisions
        • Taxis should not charge extra to carry wheelchairs
        • Taxis should give reasonable assistsance and ensure passenger safety
      • Discrimination is classed as treating a disabled person less favourably than an able person for reasons related to disability that cannot be justified
      • Does not apply to...
        • Firefighters, police and armed forces (for safety reasons)
        • Employers working mainly abroad
        • Employers with 15 or less employees (likely don't have funds for adapting)
    • 4 main criteria for disability
      • Physical or mental impairment
        • Mental impairment includes clinically well-recognised mental illnesses (medical evidence may be required)
      • The ability to carry out daily activities
        • Difficulties with: mobility; dexterity; physical coordination; ability to carry/move everyday objects; memory and concentration and perception of risk
      • Substantial adverse effect
        • Impairment must be more than minor and may worsen over time
      • Long term
        • Impairment must have lasted for at least 1 year. Progressive conditions like cancer and HIV are classed as disability once it becomes symptomatic. However, proposed changes would be classed as disability from diagnosis
    • Weaknesses
      • People may be scared to report abuse
      • Not everyone knows their rights
      • It can be difficult to enforce laws (e.g. on small businesses)
      • Discrimination can often be hidden
      • Cases are time consuming and expensive
      • Top positions are still held by able people
      • There are still wage gaps and stereotypes
    • Strengths
      • Recognised by all public bodies (e.g. the NHS)
      • Covers both direct and indirect discrimination and protects disabled people
      • Provides clear details about who is included
      • Perpetrators must prove that they didn't discriminate rather than the victim having to prove it happened
      • Places a duty on providers to consider equality
      • More equality and inclusion in mainstream schools
      • Provides a system of redress
    • Examples of indirect discrimination
      • Not having disabled access
      • Not providing aid for learning disabilities
    • Examples of direct discrimination
      • Refusing services
      • Refusing employment
    • Effects of discrimination
      • Isolated
      • Depressed
      • Low self-esteem
      • Ill-health
      • Self-fulfilling prophecy
    • Why people may not want to report discrimination
      • Fear of victimisation
      • Do not know their rights
      • Do not know who to go to

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