Part 1 of the Disability Discrimination Act – Definition of Disability
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| Disability Discrimination |
Part 1 defines who is a disabled person under the
Act. It encompasses a very broad definition and will include, for example,
people with a wide range of impairments and conditions including:
·
physical
or sensory impairments
·
mental
health difficulties, such as depression
·
specific
learning difficulties, such as dyslexia
·
health
conditions, such as Alzheimer’s, HIV, epilepsy, arthritis and cancer.
The impairment must have:
·
a
substantial, adverse effect on a person’s ability to carry out normal
day-to-day activities
·
lasted for
at least 12 months, or be likely to last for 12 months or more.
Part 2 of the Disability Discrimination Act – Employment
part 2 prohibits discrimination in employment
and covers all employers in their capacity both as employers and as work
placement and work experience providers. Part 2 also covers trade organisations
including trade unions. As a result of amendments in 2004, Part 2 now also
covers: qualification bodies, such as the General Medical Council and CORGI;
and examining bodies offering vocational qualifications, such as National Vocational
Qualifications (NVQs) or Scottish National Vocational Qualifications (SNVQs).
These amendments are particularly relevant for educational institutions which
are preparing students for employment.
General Qualification Bodies (GCSEs and A
levels) are covered as a result of amendments to Part 4 of the DDA from
September 2007 (see below).
Trade organisations and qualification bodies
have similar duties to those of employers. They cannot discriminate against
disabled people when deciding who can be admitted to a particular trade or
qualification – the terms on which people are admitted or deciding upon whom to
confer any awards. They also have a duty to make reasonable adjustments for
disabled people, unless the application of a competence standard applies.
However, they must ensure that their competence standards are not discriminatory.
Whilst education institutions have
separate duties under Part 4 (see below) because they provide the education or
training needed for someone to attain a vocational qualification, they also
need to work with qualifications bodies to share information to ensure that
discrimination does not happen and that reasonable adjustments are made. They
must work in a similar way with other employers providing work placements and
work experience.
For further information about Part 2 of the DDA
please see the Employment and Occupation Code of Practice (2004) and the
Trade Organisations and Qualifications Bodies Code of Practice (2004)
replaced in late 2007 by the Trade Organisations, Qualifications Bodies and
General Qualifications Bodies Code of Practice.
Part 3 of the Disability Discrimination Act – Goods, Facilities and Services
Part 3 prohibits discrimination when providing
services to the general public and requires service providers to make
reasonable adjustments for disabled people. Although they are not required to
anticipate the needs of every individual, they are required to take reasonable
steps to overcome any features that may impede disabled people. Part 3 covers
education institutions when they provide services and facilities to the public,
such as conference facilities, a training restaurant or hairdressing salon.
Part 3 also covers private work-based learning providers. Student union
facilities and services are covered by Part 3 of the DDA rather than Part 4.
The Code of Practice for Part 3, Rights of
Access: Services to the public, public authority functions, private clubs and
premises (2006) provides further information about service providers’
duties.
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