DDA 1995 Part 2 & Code of Practice on Employment & Occupation 2004

DDA Employment

From October 2004, it is unlawful for any employer to discriminate against a disabled person because of their disability. You cannot discriminate:

• in the recruitment process

• in their terms and conditions of employment

• in chance for promotion, transfer, training or other benefits

• by dismissing them unfairly

• by treating them less fairly than other workers

• by subjecting them to harassment.

What does "discriminate" mean?

Discrimination can happen in the following ways:

(a) direct discrimination

(b) failure to comply with the duty to make "reasonable adjustments"

(c) treating a disabled person less favourably

(d) harasing a disabled person

(e) victimising a disabled person.

(a) Direct discrimination

The Act says that an employer's treatment of a disabled person amounts to direct discrimination if the treatment is:

a. on the grounds of his/her disability

AND

b. less favourable than the way in which a person not having that particular disability is (or would be) treated.

(b) Failure to comply with a duty to make reasonable adjustments

Employers have a duty to make reasonable adjustments for disabled job applicants or disabled staff when a provision, criteria or practice applied by the employer, or a physical feature of their premises, puts the disabled person at a substantial disadvantage. Some examples of reasonable adjustments are:

• altering the person's working hours

• acquiring special equipment or modifying existing equipment

• allowing absences during working hours for rehabilitation, assessment or treatment

• supplying additional training

• modifying instructions or reference manuals

• providing additional supervision and/or support

• making physical adjustments to premises.