The DDA - Frequently Asked Questions
Q: What is the aim of the Disability Discrimination Act (DDA)?
A: The Disability Discrimination Act 1995 aimed to end the discrimination that many disabled people face.
The Disability Discrimination Act 2005 amends or extends existing provisions including:
- Extending protection to cover people who have HIV, cancer and multiple sclerosis from the moment they are diagnosed;
- Ensuring that discrimination law covers all the activities of the public sector;
- Requiring public bodies to promote equality of opportunity for disabled people.
Q: What is a “disability”?
A: Under the Disability Discrimination Act 2005, a disability is defined as “an impairment having a substantial, long-term adverse effect on a person’s ability to carry out normal day-to-day activities.” These include:
- Mobility;
- Manual dexterity;
- Physical coordination;
- Continence;
- Lifting, carrying or moving everyday objects;
- Speech, hearing, and vision impairment that cannot be rectified with glasses;
- Memory, or the ability to concentrate, learn or understand;
- Perception of the risk of physical danger.
Q: What are “reasonable adjustments”?
A: Reasonable adjustments required by the Disability Discrimination Act will depend on the individual case. Consideration has to be given to the cost of the proposed adjustment, including disruption to business in addition to any specific financial cost, the resources of the organisation, and the likely impact of the adjustment on a person’s ability to do the job.
Q: What is “discrimination”?
A: Part 2 of the Disability Discrimination Act 2005 (DDA) defines four types of discrimination. These are:
- Direct discrimination – less favourable treatment of a person on the grounds of a disability;
- Disability-related discrimination – less favourable treatment of a disabled person relating in some way to the disability, though not directly to the disability itself;
- Victimisation – treating someone less favourably (whether disabled or not) due to evidence, information or actions given, or expected to be given, in connection with proceedings or allegations under the DDA;
- Failure to comply with a duty to make reasonable adjustments.
Q: As a small business, am I required to make the same adjustments as a large company?
A: Every employer has a duty to make adjustments, however the disability discrimination legislation recognises that small and medium-sized businesses do not have the same resources as large corporations, so the expectations placed on a supermarket, for example, would be greater than those of a local store.
Q: Where can I go for funding and support to help me employ a person with a disability?
A: There are a number of organisations willing to help you employ disabled people. Grants are available from the government for reasonable adjustments and training through schemes such as Access to Work and Workstep. Some of our partner organisations, for example Shaw Trust and Seetec, as well as the government, offer training and advice to employers.
For advice regarding a specific case, please contact us at 3D Change, and we will be happy to help.
Q: Do I have to employ disabled people?
A: No. The Disability Discrimination Act 2005 (DDA) does not force you to employ people that are unsuitable for the jobs within your business. However, it does prevent you from unfairly excluding disabled people from your business on the grounds of assumptions relating to their capabilities or prejudice concerning their disability.
Q: Do I have to interview disabled applicants for vacancies?
A: Not if, ignoring their disability, they do not meet the minimum criteria for the role. If, however, you are accused of failing to consider a disabled applicant fairly, employment regulations from 2004 mean that the burden of proof will be on you to prove the allegation false.
Q: What is “diversity”?
A: “Diversity” is the term used to describe the extent to which a work force is made up of people from different backgrounds and cultures, at different life-stages, and with varied beliefs. It can cover a range of subjects including ethnicity, religion, age and disability.
Q: What is the DRC?
A: The Disability Rights Commission was an independent body set up in April 2000 by Act of Parliament to stop discrimination and promote equality of opportunity for disabled people by working with disabled people, employers and service providers to find practical solutions for everyone.
On 1st October 2007 the Equality and Human Rights commission was set up as a new initiative, joining the DRC with the Equal Opportunities Commission (EOC) and Commission for Racial Equality (CRA).
Q: What is a Community Interest Company (CIC)?
A: Community Interest Companies are limited companies conducting business or some other activity for the benefit of the community, and not solely for private advantage. Registration as a CIC has to be approved by the Regulator, who has an ongoing monitoring and enforcement role.
