Disability discrimination
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Last updated: 27 October 2004
Under the Disability Discrimination Act 1995 (DDA) employers, including LEAs and governing bodies, must not discriminate against disabled people applying for jobs, or against existing disabled staff.
A person has a disability if he or she has a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities. People who have had disabilities are also protected. The definition is wide and can cover people with hidden impairments or even conditions where the effects are significantly reduced by medication or other treatments, e.g. diabetes. It is unlawful discrimination for an employer to treat a person less favourably than others for a reason to do with disability unless the treatment can be justified by the employer.
The Act also imposes a duty on employers to make reasonable adjustments if the premises or employment arrangements substantially disadvantage a disabled person compared with a non-disabled person. Examples of adjustments might be the installation of a ramp for an employee who uses a wheelchair. Holding meetings on the ground floor rather than on the first floor. Displaying staff notices in large print, Braille or on audiotape for someone with a visual impairment.
Complaints about disability discrimination can be heard by an employment tribunal (if they relate to an employment matter) or a County Court (if they concern the supply of goods, facilities or services). The Disability Rights Commission has power to provide financial and other assistance with claims.
The employment provisions of the DDA do not apply in relation to an employer who has fewer than 15 employees. It follows that the requirements of the DDA referred to above do not apply in the case of a voluntary aided, foundation or foundation special school which has fewer than 15 members of staff.
It is also illegal for anyone providing goods, facilities or services unjustifiably to discriminate against a disabled person. This also applies to the provision of education. From September 2002, LEAs and school governing bodies have been under a duty not to treat disabled pupils less favourably, without justification, than their non-disabled peers and to make reasonable adjustments to ensure that disabled pupils are not put at a substantial disadvantage compared to non-disabled pupils. The new duties cover:
- Admissions
- Exclusions
- Education and associated services
Under the reasonable adjustments duty LEAs and schools will not be required
to provide auxiliary aids and services, since these will be covered by the
provisions in the Education Act 1996 for identifying, assessing and
making provision for individual pupils' special educational needs.
Nor will they be required to alter physical features of a school; instead they
will be required to plan strategically to increase access to education at
school for disabled pupils. This planning duty applies to access to
premises, the curriculum and to written information in alternative formats.
LEAs were required to produce their first Accessibility Strategies and schools
were required to produce their first Accessibility Plans by April 2003.
Complaints about disability discrimination in education may be heard by the
Special
Educational Needs and Disability Tribunal, except those related to
permanent exclusions at LEA maintained schools and admissions to maintained
schools, where existing appeal panels will hear cases. The SEN and Disability
Tribunal will be able to order such remedy as it sees fit except financial
compensation.
It is unlawful for LEAs and school governing bodies to discriminate unfairly against disabled people in the provision of non-educational services on school premises. Non-educational activities might include leisure time activities for children and adults without any element of educational development, school fundraising events or community use of school facilities.
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Legislation
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