The Disability Discrimination Act

1. TheDisability Discrimination Act Laura Selbekk NRAC Consultant Licensed DRC Trainer

2. “Well, this certainly messes up our plans to conquer the universe!”

3. Purpose of the Training Give an overview of the DDA Introduce a process for identifying discriminatory practice Identify process for resolving problems of discrimination

4. The Different Perspectives Medical Model My impairment is the focus, therefore it is my problem. It is about what I cannot do in the same way as another person, what I am unable to access because of my impairment and implies that I am fundamentally different from other people. Social Model Disability is not caused by my impairment, but by the way in which society fails to meet my needs.

5. Disability in the UK • 11 million “disabled” adults = 17% of the population • 1 in 4 will at some stage in their life be disabled • the DDA introduces a new “definition” of disability - much wider in scope • 25% of the population could be covered by the DDA

6. Universal Need Statistics Permanent Need • Physical • wheelchair user • ambulant disabled • Reading Difficulties • Dyslexia • Visually impaired/poor vision • Deaf or hard of hearing • Mental illness • Arthritis 600,000 (300,000) Unknown 2.5 to 6 million 2.5 to 3 million 8.5 million - 1 in 7 15+ million - 1 in 4 over age 55 - 1 in 3

7. One in Seven Adults in the UK Has an Impairment - Learning Difficulty Visual Impairment MobilityImpairment Disfigurement Mental Health Difficulty Hearing Impairment and it is not always ‘obvious’...

8. The Disability Discrimination Act 1995 Received Royal Assent on the 8th November 1995 Outlaws discrimination against disabled people in recruitment and employment and in the provision of goods, facilities and services

9. Disability Discrimination Act 1995 • Part l - definition of disability • Part ll - employment issues • Part III - access to goods, facilities and services • Part lll - selling and letting of premises • Part lV – education (SENDA) • Part V - transport vehicles • Part Vl - National Disability Councils (DRC) • Schedule Vlll - modifications to cover Northern Ireland

10. Part III of the DDA - Currently in Force from December 1996 Making it unlawful to: • refuse to serve a disabled person • provide a service to a disabled person on less favourable terms • provide a service to a disabled person in a less favourable manner - unless it can be “justified”

11. Part III of the DDA - The Later Rights of Access From October 1999, service providers are required to: • take reasonable steps to change any policies, procedures and practices which make it impossible or unreasonably difficult for disabled people to make use of a service • take reasonable steps to provide auxiliary aids or services which will enable disabled people to make use of a service • take reasonable steps to provide the service by a reasonable alternative method, where physical barriers make it impossible or unreasonably difficult for disabled people to use a service

12. Part III of the DDA – Not Yet in Force From 2004 service providers will be required to: • take reasonable steps to remove, alter, or provide reasonable means of avoiding physical features which make it impossible or unreasonably difficult for disabled people to use a service

13. Has Discrimination Occurred? Step 1: Does the service user meet the Act’s definition of disability? Step 2: Is the service excluded from the Act? Step 3: Has the disabled person received less favourable treatment and/or has there been a failure to make a reasonable adjustment? Step 4: Can the service provider justify the treatment and/or is the failure to make a reasonable adjustment justifiable? Step 5: Resolving the problem

14. Does the service user meet the Act’s definition of disability? “Any physical or mental impairment which has a substantial and long term adverse effect on the ability to carry out normal day-to-day activities.” • Impairment (physical, sensory, learning, mental health) • Substantial (not trivial) • Long term (12 month criteria) • Adversely Affect Normal Daily Activities

15. Normal Day to Day Activities • mobility • manual dexterity • physical co-ordination • continence • ability to lift, carry or otherwise move everyday objects • speech, hearing or eyesight • memory or ability to concentrate, learn or understand • perception of the risk of physical danger

16. Are the following considered as ‘being disabled’ under the DDA? • someone who walks with sticks • someone who has breast cancer • someone who has tattoos • someone who is registered blind • someone diagnosed as HIV + • someone who had kidney failure 1 year ago • someone who is addicted to alcohol • someone who has arthritis • someone with a past history of mental illness • someone who is hearing impaired, but who’s hearing is corrected by a hearing aid • someone who has epileptic seizures that recur from time to time

17. Discussion Point If an older person were to come into your office with a complaint about discrimination, how would you identify whether or not they are disabled?

18. Is the service provider excluded from the Act? All providers of goods, facilities and services to the public (within the UK) are covered under Part III of the Act unless specifically excluded. EXCLUDED goods, facilities and services: transport vehicles education (Covered under SENDA) private clubs

19. ‘Goods, Facilities and Services’ to the Public • access to and use of any place the public is allowed to enter • access to and use of means of communication or information services • accommodation in a hotel, boarding house or other similar establishment • facilities by way of banking, insurance, grants, loans, credit or finance • facilities for entertainment, refreshment or recreation • services of any profession or trade, or any public authority • facilities of employment agencies • services paid for or for free

20. Are the following services/service providers covered by the DDA? • a railway station ticket office • a hospital • a cinema • a golf club • an estate agency • a church or other place of worship • a university course • a taxi • a PTA meeting • advice centres • a bus • a leisure centre

21. Has the disabled person received less favourable treatment and/or has there been a failure to make a reasonable adjustment? • Did the disabled person receive less favourable treatment? • Was it impossible or unreasonably difficult for the disabled person to use the service? • Was a reasonable adjustment made to remedy the situation?

22. “Less Favourable Treatment” • a refusal of a service • a service on worse terms • a service in a lower standard or worse manner and was the less favourable treatment related to the person’s impairment?

23. The Pub…

24. The Pub In order to be less favourable, the treatment must be related to the person’s disability. This means that if the person did not have that disability, he would not have behaved in that particular way and would not have been refused service. This example introduces a critical issue about the connection to the person’s disability and the comparison to other people to whom that reason does not apply.

25. The Opera House…

26. The Nightclub…

27. The Opera House... The service could not have been provided to anyone The Nightclub... The nature of the service would be fundamentally altered

28. Discussion Point Making a “reasonable adjustment” Duncan is deaf. He wishes to travel to Glasgow by train and when he approaches the railway station’s ticket office he is unable to understand the ticket office assistant. He requires a loop system to communicate effectively. Is the station excluded from the Act?

29. Discussion Point A Council Tax Office has a public enquiry service that is located on the third floor of the building with no lift access. A woman with a severe mobility disability is unable to negotiate the stairs and complains that she is not able to make use of the service.

30. The biggest misunderstanding related to this part of the Act is likely to concern the need for physical access. It is the servicethat is required to be accessible - not the premises (yet...)

31. Justifications for Less Favourable Treatment • health or safety risk to anyone, including the disabled person • where the service could not have been provided at all to other people • necessary to provide a service at all to the disabled person • because of the cover the greater cost • inability to enter into an enforceable agreement or give informed consent • where a reasonable adjustment would fundamentally alter the nature of the business or service • when it is a threat to national security

32. Resolving the Problem • Who is responsible? • What outcome is wanted? AlternativeDispute Resolution (DRC) Court Action

33. Barriers Faced by Disabled People Attitudinal Making assumptions about disabled people; prejudice, ignorance, lack of education, fear, indifference and labeling a disabled person which obscures his/her attributes... Environmental Obstacles which prevent the free movement of disabled people from place to place; inaccessible transport, lack of appropriate allocated parking, travel announcements made verbally over loudspeakers... Organisational Policies and procedures which exclude disabled people; not taking into account individual capabilities, regulations which are inflexible and unthinkingly applied High-level overview of progress against schedule • On-track in what areas • Behind in what areas • Ahead in what areas • Unexpected delays or issues

34. Key Points in Working to Remove the Barriers • appreciate the strengths of disabled people as individuals • recognise the importance of disabled people as customers (up to 25% of the market) • understand needs of disabled people as individual customers and service users • communicate and involve disabled people in breaking down barriers • avoid stereotypes, assumptions, myths and misconceptions

35. Language • communicate naturally • try and avoid using labels • if a description is needed, use ‘disabled person’ or ‘person with a disability’ (‘the handicapped’ or ‘crippled’ are inappropriate) • try “non-disabled” instead of “able-bodied” • avoid referring to a person by the condition they have, e.g. don’t say “an epileptic”; say “a person with epilepsy”