DDA for an Inclusive Society

John Johnston

Monday 8 January 2007

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Introduction

• The Disability Discrimination Act (DDA) 1995

• The Disability Discrimination Act 2005

• Part 2 – Employment

• Part 3 – Service Providers

• Reasonable Adjustments/Steps

• Inclusive Society/Environment

• Models of Disability

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The Disability Discrimination Act (DDA) 1995

• Unlawful to discriminate against disabled persons in connection with:

• Employment

• Provision of goods, facilities or services

• Disposal or management of premises, i.e. buying or renting of land or property

• Employment of disabled persons

• Establishment of a National Disability Council (DRC)

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The DDA 1995

• Part 1 Disability

• Part 2 Employment

• Part 3 Discrimination in other Areas

• Part 4 Education (SENDA 2001)

• Part 5 Public Transport

• Part 6 National Disability Council

• Part 7 Supplemental

• Part 8 Miscellaneous

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The Disability Discrimination Act 2005

• Disability Equality Duty (DED) – 4 December 2006 – aimed at promoting disability equality across the public sector – production of a Disability Equality Scheme, which they must now implement.

• Public transport – timeframes set.

• Discriminatory advertising, i.e. newspapers – liability on publisher and person placing the advert.

• Part 3 of DDA 1995 – now includes private clubs with 25 or more members.

• Definition of a disability extended – mental illnesses, HIV infection, multiple sclerosis, or cancer.

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Part 2 - Employment

• Made it unlawful to discriminate against disabled people in relation to recruitment and employment.

• Reactive, not an anticipatory duty.

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Part 2 – Employers May Consider…

• When making a reasonable adjustment for an employee or potential recruit:

– Will it help?

– Is it practicable?

– Cost and disruption.

– Resources available.

– Financial assistance available.

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Part 3 – Service Providers

• Duties are anticipatory, evolving and continuous.

• A service provider has a duty to make reasonable steps to:

– Change policies, practices and procedures.

– Provide auxiliary aids and services.

– Overcome physical features (barriers to access).

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Overcoming Barriers to Access

• Remove the feature

• Alter the feature

• Avoid the feature

• Alternative means

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Reasonable Steps

According to the DRC code of practice for service providers,

these factors will be taken into account:

• Effectiveness of measure

• Practicability

• Cost

• Extent of disruption caused

• Extent of resources available

• Amount already spent

• Availability of grants

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Inclusive Society/Environment

• Accessibility 4 ALL

• Breaking down the barriers between ‘regular’ and ‘specialised’ provision.

• Responding to the greatest diversity of human need possible.

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Medical Model of Disability

Wants to find a cure

Can’t use hands

Disabled Person

‘Confined’ to a wheelchair

Has fits

Can’t see or hear

Can’t walkNeeds carers

and helpIs sick/ill

Can’t understand written information

Has a bitter attitude

Can’t get up steps

Is ‘housebound’

Is too short to reach

What is the solution?

Change the person to make them fit in?

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Social Model of Disability

Bad designInaccessible

transport

The Disabling

World

segregation

No allocated parking spaces

Poverty and low income

No handrails or

colour contrasting

Isolation

Written information in inaccessible formats

Prejudiced attitudes

No lift access

Poor job prospects

Patronising attitudes

Stereotyping and assumptions

What is the solution?Change the environment to remove the barriers.

No sign language interpreters

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Models of Disability

• Medical model = the person is the problem.

– Determines what a person cannot do due to their medical condition.

– An assumption is made that a disabled person functions at a lower level than an able bodied person, that he/she is deficient and will need help to function satisfactorily.

• Social model = the environment is the problem.

– Holds that it is society at large that most disables an individual.

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Summary

• DDA 1995/2005

• Part 2 – Employment - Reactive

• Part 3 – Service Providers - Anticipatory

• Reasonable Adjustments/Steps

• Inclusive Society/Environment – Accessibility 4 ALL

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Questions?