Disability Discrimination

Disability Discrimination Disability Discrimination Act 1995 Disability Discrimination Act 2005 Equality Act 2010

U tube • http://youtu.be/sN8EbBpxy10 • http://youtu.be/lN05UfmIAh4 • DDA overview • http://youtu.be/SbIutfG1RDg

Equality Act 2010 The Equality Act 2010 aims to protect disabled people and prevent disability discrimination. It provides legal rights for disabled people in the areas of: • employment • education • access to goods, services and facilities including larger private clubs and land based transport services • buying and renting land or property • functions of public bodies, for example the issuing of licences • The Equality Act also provides rights for people not to be directly discriminated against or harassed because they have an association with a disabled person. This can apply to a carer or parent of a disabled person. In addition, people must not be directly discriminated against or harassed because they are wrongly perceived to be disabled.

The Disability Discrimination Act • Discrimination takes place when: • A disabled person is treated less favourably than someone else • The treatment is for a reason related to the person’s disability • The treatment cannot be justified • There is a failure to make a responsible adjustment for a disabled person

Disability Discrimination Act 1995 Makes discrimination illegal in : • the provision of goods, facilities and services • Employment • Housing • Education • Transport

Key features • This Act supports disabled people in employment rights. It looks at access to services such as shops, theatres, banks. Renting or buying property. Education • Employees must not discriminate against an employee during the interview process. This also includes promotion opportunities, training and pension rights • It defined what is a disability • Specified that reasonable adjustments must be made

Brain Time! • List the strengths and weaknesses of have legislation to prevent discrimination against those with a disability. • Try and think of three for each.

The definition of ‘disability’ under the Equality Act 2010 In the Act, a person has a disability if: • they have a physical or mental impairment • the impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities • For the purposes of the Act, these words have the following meanings: • 'substantial' means more than minor or trivial • 'long-term' means that the effect of the impairment has lasted or is likely to last for at least twelve months (there are special rules covering recurring or fluctuating conditions) • 'normal day-to-day activities' include everyday things like eating, washing, walking and going shopping • People who have had a disability in the past that meets this definition are also protected by the Act. • Progressive conditions considered to be a disability • There are additional provisions relating to people with progressive conditions. People with HIV, cancer or multiple sclerosis are protected by the Act from the point of diagnosis. People with some visual impairments are automatically deemed to be disabled. • Conditions that are specifically excluded • Some conditions are specifically excluded from being covered by the disability definition, such as a tendency to set fires or addictions to non–prescribed substances.

Defining Disability • Progressive conditions considered to be a disability • There are additional provisions relating to people with progressive conditions. People with HIV, cancer or multiple sclerosis are protected by the Act from the point of diagnosis. People with some visual impairments are automatically deemed to be disabled. • Conditions that are specifically excluded • Some conditions are specifically excluded from being covered by the disability definition, such as a tendency to set fires or addictions to non–prescribed substances.

Access to goods, services, facilities and premises The Equality Act 2010 provides important rights not to be discriminated against or harassed: • in accessing everyday goods and services like shops, cafes, banks, cinemas and places of worship • in buying or renting land or property • in accessing or becoming a member of a larger private club (25 or more members) • in accessing the functions of public bodies

Your rights in work • The Equality Act 2010 makes it unlawful for an employer to discriminate against or harass a disabled person. Also an employer must make reasonable adjustments for disabled people. • There is protection from direct disability discrimination and harassment for people who are associated with a disabled person or who are wrongly perceived as disabled. • These rights do not just apply to employment. The Act covers other forms of work like partnerships, contract work, or holding an office like a director of a business.

Your rights in health • The Equality Act 2010 gives disabled people rights not to be discriminated against or harassed in access to health services and social services. This includes in services provided at doctors’ surgeries and hospitals. • Adjustments have to be made for you when accessing services where it is reasonable for the service provider to make these adjustments. This might include the provision of information about healthcare and social services in a format that is accessible to you. • There is protection from direct disability discrimination and harassment for people who are associated with a disabled person or who are wrongly perceived as disabled.

Your rights in education • The Equality Act 2010 makes it unlawful for education providers to discriminate against disabled pupils, students and adult learners.

Mental health and your rights • Many people with a mental health condition do not think of themselves as 'disabled' - but they may have rights under the Equality Act 2010. • The Mental Health Act 1983 covers the assessment, treatment and rights of people with a mental health condition. • The Mental Capacity Act aims to protect people with learning disabilities and mental health conditions. It provides clear guidelines for carers and professionals about who can take decisions in which situations.

Your rights - motoring and transport • The Equality Act 2010 gives disabled people rights not to be discriminated against or harassed in relation to the use of transport services. This also covers access to travel infrastructure such as railway stations and bus stations. • You also have a right to reasonable adjustments. This can include providing timetables or other information in an accessible format, where it is reasonable for the transport provider to provide it. • There is protection from direct disability discrimination and harassment for people who are associated with a disabled person or who are wrongly perceived as disabled.

Reasonable adjustments Reasonable adjustments in employment • An employer has to take reasonable steps to help an employee overcome the effect of his or her disability. The employer has to look at anything that may help. These may include: • making adjustments to premises; • altering an employee’s working hours; • allowing an employee to be absent during working hours for rehabilitation, assessment or treatment; • providing supervision; • acquiring or modifying equipment; • allocating some of an employee’s duties to another colleague; • transferring the employee to fill an existing vacancy.

What is reasonable will be judged according to the following factors: • The extent to which the adjustment will prevent the problem; • The extent to which it is practicable for the employer to make it; • The financial and other costs, and the disruption it would cause to any of the employer’s activities; • The extent of the employer’s financial and other resources; and • The availability to the employer of financial or other assistance (e.g. grants) to make the proposed adjustment.

Seeing the effect of disability discrimination laws • List ways that you think reasonable adjustments are being made:

Case studies Sue • Sue is one of Leicestershire County Council’s Social Workers. She has been employed by the authority for the last five years. • Sue has a hearing impairment. In the time she has been with the County Council, she has benefited from support and technological improvements that have helped her in her work. • Her impairment means that she struggles to hear high notes but can still hear lower notes.

Sue • To help deal with her impairment Sue wears a pager around her neck which vibrates when her phone is ringing and the fire alarm is sounding. • Sue also uses a personal loop system, which she wears around her neck. This helps by creating a purer sound in her vicinity and helps in situations such as training sessions. • The use of e-mail is also more helpful to Sue as it is a visual way of communicating. She can also lip read although what is said can be misinterpreted.

Ruth • Ruth is a teacher in a secondary school - she teaches food technology and is responsible for citizenship education. • Ruth has been a teacher for 29 years. She started losing her sight in her first year of teaching, now she is registered blind. It is frustrating to her that she can’t get things done as easily as sighted people but this motivates her to work hard and complete her tasks to a high standard, showing that having a visual impairment doesn’t hinder her ability to do her job well.

Ruth • Through the Council Ruth has access to full-time sighted assistants to help her with paperwork and admin and to “see” for her in class. She also has a computer provided by the Breaking the Barriers team which incorporates speech software.

Paul • Paul has only known for the last four years that he has dyslexia. “A lot of people don’t realise they have dyslexia,” he said. “Some of the more unhelpful teachers said I was thick and lazy because I couldn’t spell properly. But I was always much better when it came to the more creative things.” • It has had an effect on the work that Paul does. “Doing reports all day for me would be like running up Everest. I don’t sit at a desk and I haven’t got a computer, but I am flying around County Hall all day.

Paul • the arrival of new technology (including the spellcheck facility that all of us use!) has made a world of difference. Voice activated software assists some employees to prepare written work, for example.

Iris • Iris is a Social Worker in the Community Mental Health team for North Charnwood. She has been working for the last three years as a social worker for people aged 65 and over with moderate to severe mental health difficulties. The team is multi-disciplinary, which means Iris works alongside a range of care professionals including community psychiatric nurses (CPNs), occupational therapists (OTs) and a consultant psychiatrist. • Iris has a visual impairment, this means that she is not completely blind. She possesses what is classed as useful vision, which means she can get around and function normally in a lot of scenarios where the environment is familiar to her. However her visual impairment does stop her driving a car, reading and taking notes.

Iris • support worker to help her do these things

Reasonable adjustmentsWhat would you expect? • A care home fails to provide a disabled toilet facility. • A Social services office block has no lift facility. All users are not able to gain access to the second floor. • A disabled child is told they are unable to go on a school trip because they have a disability.

Impact of discrimination • How do you think discrimination will effect people with disabilities?

Disability Discrimination