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Disability Discrimination Act (s)

Disability Discrimination Act (s)

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Disability Discrimination Act (s)

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  1. Disability Discrimination Act (s) Neil Smith - Head of Inclusive Design

  2. the broad issues of the DDA in context to supply of goods and services • how people are affected by poor access • what might constitute a reasonable adjustment under the DDA • who is responsible for enforcement • small and easily achievable changes

  3. What does the Act require people to do? The Act requires that • employers • service providers • those selling or letting land and property • educational bodies should not discriminate against disabled people.

  4. What is discrimination? Discrimination occurs when a disabled person is treated less favourably than someone else for a reason relating to their disability Discrimination also occurs when failure to comply with the duty to make ‘reasonable adjustments’ in relation to a disabled person happens, and it cannot be shown that the failure is justified.

  5. The definition of disability - Part 1 It is estimated that about 20 percent of the adult population - about 10 million people - are covered by the provisions of the Act.

  6. Part 2 of the DDA - Employment duties • in force since December 1996 • made it unlawful to unjustifiably discriminate against disabled people in relation to recruitment and employment • reactive, not an anticipatory duty to existing and potential recruits

  7. Part 3 of the DDA Service provider duties • Duties are anticipatory, evolving and continuous • A service provider has a duty to make reasonable steps to: • change policies, procedures and practices • provide auxiliary aids and services • overcome physical features (barriers to access)

  8. Which service providers are affected? The term ‘services’ covers the provision of goods (eg, goods in a shop) and facilities (for example conference suite hire). Services which are provided free (for example access to a park) or in return for payment (for example a meal in a restaurant) are all covered.

  9. What is meant by ‘reasonable steps’? • effectiveness of measure • practicability • cost • extent of disruption that may be caused • extent of resources of service provider • amount of resources already spent on adjustments • availability of financial or other aid

  10. Disability Equality Duty: general duty Every public authority shall in carrying out its functions have due regard to the need to: • promote equality of opportunity between disabled people and non-disabled people • take steps to take account of disabled person’s disabilities, even where that involves treating disabled people more favourably than other people

  11. Compliance?

  12. A common mistake The building is DDA compliant The DDA is civil rights – buildings can’t comply

  13. Who implements the Act? The DDA is not a policed act The Act is civil rights legislation Part 3 is enforcement via the county courts by individuals

  14. Questionnaire procedure The DDA already provides for questionnaires to be used in employment tribunal proceedings and under Part 3 (provision of services) This enables applicants to obtain information about the circumstances of any discriminatory treatment prior to a claim being issued. This will enable disabled people to determine whether or not to take a claim, and in addition, may often promote early settlement of claims.

  15. Reasonable adjustments - attitudes

  16. approach, parking, arrival, circulation, facilities, task lighting, heating, noise, comfort, meeting spaces, security features, refreshment, toilet facilities, storage, computers, telephones, orientation, ironmongery, vision panels, manifestations, closers, holdbacks, automatic openers, mats, power assisted openers, security, locks, keypads, access controls, heights and colour contrast, windows, handles, glare, blinds, curtains, soft furnishings, clocks, information systems, switches, sockets, fixing heights, reaching distances, lecterns and controls, adjustments, screens, location visibility, sound assistive systems, spaces for signers, lip speakers, video displays, notice boards, lighting, air conditioning, reflection, shadows, emergency lighting, exterior lighting, daylight, heating, ventilation, temperature control, background noise, vibration, décor materials and flooring, textures, colour contrast and acoustic properties, furniture design, location, handles, seat design, division bell, emergency alarms (visual and audible), video phones, text phones, public phones, storage kitchen, archives, filing, shop layout, display, price display, restaurant, food display, menu display, vending machines, toilets and showers, alarm location, flush handles, paper towel provision, sanitary vending/disposal, room numbering, visitors book, complaints, comments, art, labelling lighting, tactile displays, plants and landscaping, textures/tactile warnings, bollards, lighting, crossings, bus stops, transport systems, route display, assistance dog provision, loan wheelchairs, charging points for powered wheelchairs, signage, Braille signs, refuge signs, exit routes, emergency egress, security searches, metal detectors, guided tours, building information in printed and other accessible formats, management and maintenance

  17. approach, parking, arrival, circulation, facilities, task lighting, heating, noise, comfort,meeting spaces, security features, refreshment, toilet facilities, storage, computers, telephones, orientation, ironmongery, vision panels, manifestations, closers, holdbacks, automatic openers, mats, power assisted openers, security, locks, keypads, access controls, heights andcolour contrast, windows, handles, glare,blinds, curtains, soft furnishings,clocks, information systems, switches, sockets, fixing heights, reaching distances, lecterns and controls, adjustments, screens, location visibility,sound assistive systems, spaces for signers, lip speakers, video displays, notice boards, lighting, air conditioning, reflection, shadows, emergency lighting, exterior lighting, daylight, heating, ventilation, temperature control, background noise, vibration, décor materials and flooring, textures, colour contrast and acoustic properties, furniture design, location, handles, seat design, division bell, emergency alarms (visual and audible), video phones, text phones, public phones, storage kitchen, archives, filing,shop layout,display, price display, restaurant,food display, menu display, vending machines, toilets and showers, alarm location, flush handles,paper towel provision, sanitary vending/disposal,room numbering, visitors book, complaints, comments, art, labelling lighting, tactile displays, plants and landscaping, textures/tactile warnings, bollards, lighting, crossings, bus stops, transport systems, route display, assistance dog provision, loan wheelchairs, charging points for powered wheelchairs, signage, Braille signs, refuge signs, exit routes,emergency egress, security searches, metal detectors, guided tours, building information in printed and other accessible formats, management and maintenance

  18. Neil Smith - Head of Inclusive Design neil.smith@burohappold.com