The Law
What the Disability Discrimination Act 1995 (DDA) requires
The DDA aims to ensure disabled people have more equal access to things that most people take for granted - like working, learning, shopping, and going out with friends. It only requires people, mainly service providers and employers, not to refuse service to a disabled person, nor to refuse to employ them, just because they are a disabled person. It also requires people to make changes, or adjustments, that are reasonable.
Reasonable Adjustment is a legal term, but it is not complicated! An adjustment is a change, for instance, to:
- equipment used - like making sure any telephone provided is useable by the widest range of potential customers, or getting a more supportive chair for a particular employee with back-pain
- policies in force - like a food store or office allowing Assistance Dogs (guide dogs, hearing dogs for deaf people, and dog trained to assist people with physical impairments or epilepsy) as an exception to a "no dogs" rule
- buildings and other physical barriers - like providing a ramp and handrails where access is not level or installing a visual signal integral to a fire alarm
- practices and procedures - like informing people material is available in large print or making sure circulation routes are clear and not an obstacle course for people with mobility or visual impairments
The DDA only requires reasonable adjustments to be made. Where it is considered reasonable to require a service provider or employer to make an adjustment or change will depend on a range of issues specific to their circumstances. TRAC has been set up to help employers and service providers, who want to make adjustments, find something that is reasonable. We therefore look at this in more detail under Budget Tailored Solutions.
Who is included as a disabled person
The DDA requires changes to be made not just for people with mobility impairments, such as wheelchair users and those with walking difficulties; people with visually impairments, who are blind or partially sighted; and people with hearing impairments, who may be Deaf or hard of hearing. People with learning difficulties, including someone with dyslexia or with autism; and people who have experienced mental illness, such as long-term depression, and schizophrenia; can also be covered by the DDA. In addition, depending on the way the condition affects them, people with medical conditions such as asthma, diabetes, irritable bowel syndrome, HIV, and cancer, may be included.
The DDA does not list conditions or "disabilities" that are covered, it lists everyday things, normal day-to-day activities, that may be affected by an impairment or medical condition. These are:
- mobility
- manual dexterity
- physical co-ordination
- continence
- ability to lift, carry or otherwise move everday objects
- speech, hearing or eyesight
- memory, or ability to concentrate, learn or understand
- perception of the risk of physical danger
If a person has one or more of these activities substantially adversely affected for a long time (generally over a year), then they will probably be entitled to have reasonable changes made to enable them to use a service or do a job.
The DDA can help you!
The DDA is about making things easier for people who often get forgotten or left out, probably not deliberately, when things are designed. When the DDA requires businesses and other service providers to think about catering for more disabled people, it is more customers and more potential employees that will be welcomed and provided for. There is a strong Business Case that provides even better arguments for changing things for disabled customers and employees.
Other equality laws, designed to prevent discrimination, are beginning to require changes to be made. These will ensure others, who have different needs, such as arise from gender, sexuality, race, age, religion, or ethnicity, are included. TRAC will be working to make sure as wide a range of people, and adjustments to meet their needs, are included on this site.
It does not need to be complicated
TRAC has a thorough understanding of reasonable adjustments. It has a range of services to assist businesses in making adjustments not only to meet their obligations under the DDA, but also to achieve good practice and thereby attract disabled customers and employees.