Disability Discrimination

What is disability discrimination?

The Disability Discrimination Act 1995 describes a disabled person as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities", which has or can be expected to last for more than 12 months.

Conditions that impair an individual's abilities in this way include those that hamper mobility; manual dexterity; physical co-ordination; continence; the ability to lift; carry or move everyday objects; speech; hearing or eyesight; memory or ability to concentrate, learn or understand; and understanding of the risk of physical danger. For the purposes of the law, treatment and correction - apart from spectacles and contact lenses - are not taken into account.

The Disability Discrimination Act states that discrimination occurs when a disabled person is treated less favourably than someone else, the treatment is for a reason relating to the person's disability, and the treatment cannot be justified.

The Act also states that discrimination occurs when there is a failure to make a reasonable adjustment for a disabled person, and that failure cannot be justified.

Background

The Disability Discrimination Act 1995 was the first domestic Act on the issue of disability discrimination, prior to which it was legal to discriminate and exclude on the basis of disability.

The Act covers a variety of areas of disability discrimination from employment issues to access to transport. This Act also set up the National Disability Council, which was abolished when the Disability Rights Commission was established in April 2000.

The Disability Rights Commission was replaced in October 2007 by the Equality and Human Rights Commission, which is now responsible for the work of three former equality commissions: the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission.

The government has increasingly been working with the disabled community to ensure its members are able to participate fully in society. The main areas of focus have been education, employment, welfare provision and transport.

In 2001, the Disability Discrimination Act (DDA) was extended into the public sector to cover (among other things) the police, prison service and fire service. The Equal Treatment in Employment Directive required the Government to ensure that all employers, except for the armed forces, would come under the DDA by 2004.

Accessibility to modes of transport and modification of architectural design to incorporate disabled access is another area where improvements are being claimed. For example, an 'accessibility action plan' formed a central part of the Mayor of London's transport strategy in 2001.

In November 2001, the UN General Assembly established an Ad Hoc Committee (AHC) to "consider proposals for a comprehensive and integral convention on the rights and dignity of persons with disabilities." Subsequently, work began to establish an international disability convention.

On 13th December 2006, the Convention on the Rights of Persons with Disabilities and its Optional Protocol was adopted at the United Nations Headquarters in New York, and was opened for signature on 30th March 2007. The Convention entered into force on 3rd May 2008.

Controversies

Given the high costs and complexity of disability litigation, the issue of enforcing legal rights that protect against discrimination under the DDA has courted controversy since the act was introduced.

A report published by the Royal National Institute for the Blind in 2000, entitled 'The Price of Justice', criticised the framework of the existing protection, suggesting the high costs involved in pursuing claims of discrimination in the provision of goods, services and facilities effectively blocked access to justice in some cases, and called for a review of the way these claims are brought. The report called for greater use of tribunals and more effective training of judges in disability related issues.

On the other side, the costs of complying with the Disability Discrimination Act have sometimes been high, particularly when modifications to buildings and vehicles were needed. Given the wording of the Act, it is clear that what "can be justified" is the key variable - and it is hotly contested.

Irrespective of the availability of legal action against explicit discrimination, there remain considerable prejudices against disabled people and various barriers to their participation in many areas of life.

A major new piece of research on disability in Britain was launched in March 2009 as part of the Government's long-term aim to achieve equality in all areas for people with disabilities. The Life Opportunities Survey (LOS) is being carried out by the Office for National Statistics on behalf of the Office for Disability Issues (ODI) and compares the activities of disabled and non-disabled people in various situations, such as at work, in education, playing sports, and using transport and public services. It also looks at living standards, housing, discrimination and crime.

The LOS is a longitudinal survey which means it will interview the same people over a number of years in order to assess whether or not life opportunities for people with disabilities are improving. The results of the first annual survey were published in December 2010.

Statistics

Key findings of the Life Opportunities Survey: 2009/2010

26 adults out of every 100 were disabled and protected by the Disability Discrimination Act.
29 adults out of every 100 had impairments.

17 out of every 100 adults with impairments said they faced barriers to using learning and training services. This compares with only 9 out of every 100 adults without impairments.
56 out of every 100 adults with impairments said there were barriers to the type of work they did or the hours they could work. This compares with only 26 out of every 100 adults without impairments.
33 out of every 100 adults with impairments who already had a job said they had barriers to the type of work they could do or the hours they could work. This compares with only 18 out of every 100 adults without impairments.

74 out of every 100 adults with impairments said they found it hard to use transport services like buses and trains. This compares with only 58 out of every 100 adults without impairments.

45 out of every 100 households with an adult with impairments said they would find it hard to pay an unexpected bill, pay off a loan, or have a holiday. This compares with only 29 out of every 100 other households.

72 out of every 100 adults with impairments said they did not join in sports as much as they would like to. Only 52 out of every 100 adults without impairments said the same.

It was harder for adults with impairments to get into and move about in buildings outside their home. The buildings that people found hardest to use were shops and hospitals.
29 out of every 100 adults with impairments said they had these kinds of difficulties. Only 7 out of every 100 adults without impairments said the same

Source: Office for National Statistics - December 2010

Quotes

"We will reform Access to Work, so disabled people can apply for jobs with funding already secured for any adaptations and equipment they will need."

The Coalition: Our programme for government - May 2010

"We want to see a society in which disabled people and those with long term illness or injury, are able to live free of poverty in order to enjoy the same independence, access to life chances, human rights and opportunities as other citizens."

Disability Alliance - 2011