Discrimination arising from disability gb, equality act only. The equality act 2010 replaced the disability discrimination act. This is known as a failure to make reasonable adjustments. We round up 12 reasonable adjustments that employers may be required to make during recruitment. Disability discrimination act reasonable adjustments, case ref. Ms linsley, who is employed by hmrc, has ulcerative colitis. If adjustments are reasonable, an employer must make them to ensure its workplace or practices do not disadvantage a disabled job applicant or employee already with the organisation. Disability discrimination act when a duty to make reasonable adjustments arises in all cases, once an employer is on notice, or should be on notice, the employer does have a duty to establish what adjustments are required. For information on when a person is disabled, see practice note, disability discrimination. Obligation to make reasonable adjustments disability.
The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. There is a special form of disability discrimination that occurs where an employer is under a duty to make reasonable adjustments for a particular job applicant or employee with a disability and fails to keep to it. Equality human rights commission disability discrimination introduction. The equality act calls this the duty to make reasonable adjustments. The equality act says theres a duty to make reasonable adjustments if youre placed at a substantial disadvantage because of your disability compared with non. Employers have a duty to make reasonable adjustments to any employee experiencing a disability under the equality act 2010, which can include a mental health problem if it has a substantial. The obligation to provide reasonable adjustments for people with disability is discussed in more detail on. Duty to make reasonable adjustments for disabled people. The equality act 2010 protects disabled employees from discrimination in the workplace.
Formerly, it made it unlawful to discriminate against people in respect of their. Disability has one extra type under the dda and two under the equality act. Education providers can often prevent unfavourable treatment that amounts to discrimination arising from disability by making reasonable adjustments. Disability discrimination further and higher education gb. The disability discrimination act 1995 c 50 informally, and hereafter, the dda is an act of the parliament of the united kingdom which has now been repealed and replaced by the equality act 2010, except in northern ireland where the act still applies. Disability discrimination reasonable adjustments gannons. The reasonable adjustments duty under the equality act operates slightly differently but the object is the same. To begin with the disability discrimination act allowed employers to argue a justification to making a reasonable adjustment. Disability discrimination, reasonable adjustments public. Title i of the americans with disabilities act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job. The comparison exercise for reasonable adjustments cases is different from the comparison exercises in other discrimination cases. The equality and human rights commission has published a range of guidance on all aspects of the equality act, including a code of practice on employment. Under the disability discrimination act the duty to make reasonable adjustments arises where. The treatment could be a oneoff action, the application of a rule or policy or the existence of physical or communication barriers which make accessing something.
The employer must also consider reasonable adjustments for anything linked to an employees disability. This applies to employers, public and private services. Under the equal opportunity act 2010, disability includes. Discrimination arising from disability you must not treat a disabled person unfavourably because of something connected to their disability. For example providing interpreters or note takers for deaf students, or providing extra time for exams. Equality act and disability discrimination act explained. Disability discrimination and the law disability charity. This is a compilation of the disability discrimination act 1992 that shows the text of the law as amended and in force on 1 july 2016 the compilation date. Disabled people can experience discrimination if the employer or organisation doesnt make a reasonable adjustment. Employers are required to make reasonable adjustments to any of their provisions, criteria or practices that place a disabled person at a particular disadvantage compare to nondisabled persons. Discrimination arising from disability and reasonable adjustments. Sep 02, 2014 the duty on employers to make reasonable adjustments can arise at any point during the recruitment process, from advertising the job through to selection.
Reasonable adjustments it will almost always be reasonable not to apply a no dogs policy for assistance dog owners and a failure to do so would amount to unlawful discrimination. The condition can make her need to go to the toilet urgently, can flare up and down, and can be aggravated by stress. Many employers accept that workplace flexibility is an attraction and retention strategy. Schools only have a duty to make reasonable adjustments if your child has a disability which meets the definition in the equality act. Equality of toilet provision the equality act 2010 the. The government described the duty to make reasonable adjustments as a cornerstone of the equality act and requires employers to take positive steps to ensure that disabled people can access and progress in employment. Under the equality act 2010, the definition of a disability is.
Under the equality act 2010, there is a legal duty on employers to make these reasonable adjustments for disabled employees. Proving disability and reasonable adjustments a guide to. Avoiding disability discrimination in the workplace. Check if your child is disabled under the equality act. The equality act says theres a duty to make reasonable adjustments if youre placed at a substantial disadvantage because of your disability compared with nondisabled people or people who dont share your disability.
The duty to make reasonable adjustments aims to remove barriers that prevent disabled persons from integrating fully into the workplace. The disability discrimination act dda requires that employers introduce reasonable adjustments in respect of applicants and employees who are disabled. Reasonable adjustment australian human rights commission. Ms x has been employed by the department since may 1994. The equality act also gives protection against discrimination arising from disability as well as placing a duty on employers to make reasonable adjustments where a disabled worker or job applicant is placed at a substantial disadvantage. A failure to make reasonable adjustments colleges and universities have a duty to make reasonable adjustments to avoid putting disabled students at a substantial disadvantage compared to non. Disability discrimination equality and human rights. The amendments are incorporated in this compilation.
Discrimination arising from disability and reasonable adjustments last week i posted a short piece on the duty to make reasonable adjustments and thought a follow up piece on other the other main reasonable adjustment related claim in the equality act. If someone doesnt cooperate with their duty to make adjustments, the equality act says its unlawful discrimination. Disability discrimination reasonable adjustments under section 4a of the disability discrimination act 1995 dda, employers had a duty to make reasonable adjustments if a provision, criterion or practice pcp placed a disabled worker at a substantial disadvantage compared with persons without a disability. Jul 24, 2018 discrimination arising from disability and reasonable adjustments last week i posted a short piece on the duty to make reasonable adjustments and thought a follow up piece on other the other main reasonable adjustment related claim in the equality act. The following is only a brief summary and not a full guide to the scope of each concept. If a person with disability needs some form of workplace adjustment to be able to work, or to be. Failure to make reasonable adjustments s20 s21 this duty is at the heart of disability discrimination law. Failure to make reasonable adjustments s20 s21 this duty is. The dda covers people who have temporary and permanent. The leading disability discrimination case dealing with the comparator is the case of smith v churchill stairlifts 2006 icr 524. Issues of defining disability in the equality act 2010. Demystifying disability discrimination law drawing on nearly 20 years experience of disability discrimination claims, employment. The duty to make reasonable adjustments is the most common form of protection and, where that duty arises, an employer must effectively treat the disabled employee more favourably than others in an attempt to reduce or remove the disadvantage faced. Critically discuss the extent to which the duty to make.
Workplace adjustments australian network on disability. Reasonable adjustments disability discrimination act policy and procedures introduction reasonable adjustment is implicit in the requirement to avoid indirect discrimination under section 6 of the disability discrimination act 1992 the dda. Reasonable adjustment and the disability discrimination act at present the term reasonable adjustment doesnt actually appear expressly in the dda, although the speech and explanatory material accompanying the introduction of the dda into parliament made quite clear that a requirement to make reasonable adjustments was intended to apply. Disability discrimination in schools citizens advice. The house of lords in archibald v fife council stated that, the dda does not regard the differences between disabled people and others as irrelevant. Ecni the reasonable adjustment duty and the disability. Reasonable adjustments and dedicated parking spaces. This is with a view to ensuring that disabled people are not disadvantaged and enjoy equality of opportunity in employment. Apr 28, 2019 employers have a duty to make reasonable adjustments to any employee experiencing a disability under the equality act 2010, which can include a mental health problem if it has a substantial. It is discrimination to treat a disabled person unfavourably because of something connected with their disability. Under the equality act 2010 public sector organisations have to make changes in their approach or provision to ensure that services are accessible to.
Workplace stress drives up disability discrimination claims. Disability discrimination is when you are treated less well or put at a disadvantage for a reason that relates to your disability in one of the situations covered by the equality act. In great britain, discrimination on the grounds of disability, originally introduced by the disability discrimination act 1995, is now contained within the equality act 2010. You should be familiar with the reasonable adjustments duty which was first introduced under the disability discrimination act 1995. Under the disability discrimination act 1992 dda, employers are obligated to make adjustments to accommodate an individuals disability, unless that adjustment would result in unjustifiable hardship. In 2000 she was diagnosed with relapsingremitting multiple sclerosis. Obligation to make reasonable adjustments adjustments are the things that education providers do that allow people with disabilities to participate in education on the same basis as other students. Disability discrimination legal service ross house 2nd floor, 247 flinders lane melbourne, vic 3000. Reasonable adjustments disability discrimination act policy. Reasonable adjustment is implicit in the requirement to avoid indirect discrimination under dda section 6. Disability discrimination equality and human rights commission. It says that disabled people have the right to reasonable adjustments that make jobs and services accessible to them.
More about what counts as a disability in the equality act. Reasonable adjustments disability discrimination legal service. Disability discrimination under the eqa there are several different forms of disability discrimination under the eqa. An employer failing to make reasonable adjustments for a disabled job applicant or employee is one of the most common types of disability discrimination.
The disability discrimination act 1992 was amended by the workplace relations amendment work choices consequential amendments regulations 2006 no. Reasonable adjustments victorian equal opportunity and. The disability discrimination act 1992 dda makes it unlawful to discriminate against a person, in many areas of public life, including employment, education, getting or using services, renting or buying a house or unit, and accessing public places, because of their disability. Listen to the experiences of disabled people and if a problem has occurred take reasonable action to prevent discrimination from reoccurring in a timely manner the ongoing obligations of the act. Reasonable adjustments for workers with disabilities. Disability discrimination australian human rights commission. Reasonable adjustments are changes to the work environment that allow people with disability to work safely and productively.
Prior to 2010, the disability discrimination act 1995 was the leading statute in this area, ensuring employers were under a duty to make reasonable adjustments for their disabled employees. Hmrc has a national policy on the use of its car parks. Indirect discrimination occurs where a person with disability is required to comply with a condition or requirement which they cannot comply with and which a greater proportion of people without the disability are able to comply with. This type of discrimination is unlawful where the employer knows, or could reasonably be expected to know, that the person has a disability. Failing to meet the duty cannot be justified and is always unlawful. The act recognises that solutions may vary according to individual circumstances and offers simple criteria by which any proposed adjustment can be assessed it must be effective, practical and significant. The reasonable adjustment duty and the disability discrimination act in responding to employers queries, we stress the need for the employer to talk initially to the disabled person about the adjustments they require, after all, it is the disabled person who is managing their disability and may have been doing so for some time. Disability discrimination 3 recent cases pure employment law. Reasonable adjustments disability discrimination act. For example, if an employer does not allow an assistance dog in the building for a partially sighted person, its likely to be discrimination. Resources on the different types of discrimination.