DISABILITY DISCRIMINATION IN EMPLOYMENT A GUIDE TO THE LAW AND GOOD PRACTICE

30 November 2009

LEGISLATION European Community Law Council Directive 2000/78 EC Domestic Law 1.

Disability Discrimination Act 1995

as amended by-

(a) Disability Discrimination (Meaning of Disability) Regs (NI) 1996 (b) Disability Discrimination Act 1995 (Amendment) Regs (NI) 2004 (c) Disability Discrimination (NI) Order 2006 2. Special Educational Needs & Disability (NI) Order 2005

LEGISLATION Additional Public Sector statutory duties

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Section 75 of the Northern Ireland Act 1998 Includes a duty to have due regard to the need to promote equality of opportunity between persons with a disability and persons without.

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Section 49A of the DDA Imposes a duty to have due regard to the need to promote positive attitudes towards disabled people and to encourage participation by disabled people in public life.

DEFINITION OF “DISABILITY” / “DISABLED PERSON”

Under the DDA a person is deemed to be disabled if he/she has or has had:

a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities.

DISCRIMINATION BY EMPLOYERS It is unlawful for employers to discriminate against, or harass, disabled persons who are-

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seeking, or applying, for work; current, or former, employees; contract workers; undertaking practical work experience.

5 Forms of Disability Discrimination 1. Direct discrimination Less favourable treatment on the ground of the disabled person’s disability 2. Disability-related discrimination Unjustified less favourable treatment for a reason that is related to the disabled person’s disability 3. Failure to comply with a duty to make reasonable adjustments 4. Harassment 5. Victimisation

Harassment

Harassment occurs where a disabled person is subjected to unwanted conduct which is related to his/her disability and which has the purpose or effect of:

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violating his or her dignity, or which

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creates an intimidating, hostile, degrading, humiliating or offensive environment for him or her.

DUTY TO MAKE REASONABLE ADJUSTMENTS The duty is triggered where:

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a provision, criterion or practice applied by the employer, or where

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any physical features of the employer’s premises

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places the disabled person concerned

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at a substantial disadvantage in comparison with persons who are not disabled

DUTY TO MAKE REASONABLE ADJUSTMENTS Where the duty is triggered, the employer is required

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to take such steps as it is reasonable for him to have to take in all the circumstances of the case in order to prevent the provision, criterion or practice or physical feature in question from placing the disabled person at the substantial disadvantage

ASSESSING REASONABLENESS CORE COMPONENTS

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Keep an open mind / use imagination

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Is it practical? / Will it be effective?

[see factors outlined in next slides]

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How to assess these-

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consult the disabled person about his/her needs obtain expert advice, where appropriate use trial periods to test effectiveness review periodically

Contact

• Paul Oakes • Manager • 02890500694 • [email protected]