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"¶ What the Act does
The Disability Discrimination Act brings in new laws and measures aimed at ending the discrimination which many disabled people face. The Act gives disabled people new rights in the areas of:
fØ employment
fØ getting goods and services
fØ buying or renting land or property.
The Act requires schools, colleges and universities to provide information for disabled people. It also allows the Government to set minimum standards so that disabled people can use public transport more easily. In addition, the Act sets up the National Disability Council and the Northern Ireland Disability Council to advise the Government on discrimination against disabled people.
"¶ Who is affected by the Act?
1.) Disabled people
The Act gives new rights to people who have or have had a disability which makes it difficult for them to carry out normal day to day activities. The disability could be physical, sensory, or mental. It must also be substantial and have a long-term effect >(that means the disability must last or be expected to last for 12 months). Conditions which have a slight effect on day to day activities, but are expected to become substantial are covered. Severe disfigurement is also classed as a disability.
2.) Employers and service providers
Employers and people who provide goods and services to the public will have to take reasonable measures to make sure that they are not discriminating against disabled people. Some people will have to take measures both as an employer and as someone who provides goods and services to the public.
3.) Landlords and others who are responsible for letting or selling property
People who sell or let property will have to ensure that they do not unreasonably discriminate against disabled people.
"¶ The new rights for disabled people
fØWhat employers will have to do
It will be against the law for an employer to treat a disabled person less favourably than someone else because of their disability, unless there is good reason. This applies to all employment matters (including recruitment, training, promotion and dismissal).
In order to help a disabled person to do the job, employers will have to look at what changes they could make to the workplace or to the way the work is done, and make any changes which are reasonable. Employers will be able to take into account how much the changes would cost and how much they would help, when considering what is reasonable.
fØ Employers who are exempt
The employment part of the Act does not apply to employers who employ fewer than 20 people. However, they will be encouraged to follow good practice guidelines.
It also does not apply to operational staff employed in the armed forced, the police, the prison services, the fire services, or to anyone employed on board ships, hovercrafts or aeroplanes.
fØ Changes
1.) Goods, facilities, services and property
The Act will affect anyone who provides goods, facilities or services to members of the public whether paid or for free. This could range from buying bread in a supermarket, using the facilities in a launderette, or borrowing a book from a public library. Private clubs are not included.
2.) Providing the same standard of service to everyone
It will be against the law to offer a disabled person a service which is not as good as the service being offered to other people. For example, it will be against the law for a restaurant owner to insist that a person with a facial disfigurement sits out of the sight of the other customers.
"¨ Exceptions
If the health or safety of the disabled person or other people would be in danger, it would not be against the law to refuse to provide the service to a disabled person or to provide it on different terms. Other exceptions would arise if the customer was not capable of understanding the terms of contact, or if providing the service or the same standard of service would deny service to other customers.
3.) Making changes in the way goods, facilities and services are provided
It will be unlawful for someone to run a service, or provide goods or facilities, in a way which makes it impossible or unreasonable difficult for a disabled person to use the service for good. For example, a restaurant which does not allow animals will not be able to refuse admission to a disabled person with a guide dog.
People will have to provide equipment or other helpful items which will make it easier for disabled people to use their service, if it is reasonable to do so. For instance, an induction loop might make it easier for people who use hearing aids, or a hand rail for people who find walking up stairs difficult.
People will have to remove physical obstructions (for example, widening entrance doors) or provide other ways of letting disabled people use their services, if it is reasonable to do so.
fØ The Northern Disability Council and The Northern Ireland Disability Council
They will be independent bodies which will advise the Government on ending discrimination against disabled people; on how well the Act is working; and on whether any changes need to be made. They will also give advice on how to put the new rights about goods and services into place by preparing codes of practice. They will publish an annual report.
"¶ What the Act means by disability
Disability is defined as: A physical or mental impairment1 which has a substantial2 and long-term3 adverse effect on a person¡¦s ability to carry out normal day-to-day activities4.
1) impairment
The definition covers physical and mental impairments. These include:
a) physical impairments affecting the senses, such as sight and hearing
b) mental impairments including learning disabilities and mental illness (if it is
recognised by a respected body of medical opinion)
2) substantial
For an effect to be substantial, it must be more than minor. The following are examples that are likely to be considered substantial:
"¨ inability to see moving traffic clearly enough to cross a street safely
"¨ inability to turn taps or knobs
"¨ inability to remember and relay a simple message correctly
3) long-term
These are effects that:
... have lasted at least 12 months /
... are likely to last at least 12 months /
... are likely to last for the rest of the life of the person affected.
Long-time effects include those which are likely to recur.
4) day-to-day activities
Day-to-day activities are normal activities carried out by most people on a regular basis, and must involve one of the following broad categories:
"¨ mobility ¡V moving from place to place
"¨ manual dexterity ¡V use of hands
"¨ physical co-ordination
"¨ continence
"¨ the ability to lift, carry or move ordinary objects
"¨ speech, hearing or eyesight
"¨ memory, or ability to concentrate, learn or understand
"¨ being able to recognise physical danger
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