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. Ecni the reasonable adjustment duty and the disability. Disability has one extra type under the dda and two under the equality act. 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. 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. Schools only have a duty to make reasonable adjustments if your child has a disability which meets the definition in the equality act. More about what counts as a disability in the equality act. Disability discrimination, reasonable adjustments public. 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. The dda covers people who have temporary and permanent. Disability discrimination 3 recent cases pure employment law. Failing to meet the duty cannot be justified and is always unlawful. Equality human rights commission disability discrimination introduction.
Many employers accept that workplace flexibility is an attraction and retention strategy. 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. 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. 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. Disability discrimination under the eqa there are several different forms of disability discrimination under the eqa. The equality act calls this the duty to make reasonable adjustments. Disability discrimination australian human rights commission. Reasonable adjustment australian human rights commission. Avoiding disability discrimination in the workplace. 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. Reasonable adjustments disability discrimination act policy. 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. Failure to make reasonable adjustments s20 s21 this duty is.
This is with a view to ensuring that disabled people are not disadvantaged and enjoy equality of opportunity in employment. Formerly, it made it unlawful to discriminate against people in respect of their. Discrimination arising from disability and reasonable adjustments. 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. Disabled people can experience discrimination if the employer or organisation doesnt make a reasonable adjustment.
Workplace adjustments australian network on disability. In 2000 she was diagnosed with relapsingremitting multiple sclerosis. Reasonable adjustments victorian equal opportunity and. Reasonable adjustments are changes to the work environment that allow people with disability to work safely and productively. 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. 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. An employer failing to make reasonable adjustments for a disabled job applicant or employee is one of the most common types of disability discrimination. Reasonable adjustments and dedicated parking spaces. This is known as a failure to make reasonable adjustments. For information on when a person is disabled, see practice note, disability discrimination. Reasonable adjustments disability discrimination act. 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.
The duty to make reasonable adjustments aims to remove barriers that prevent disabled persons from integrating fully into the workplace. Discrimination arising from disability you must not treat a disabled person unfavourably because of something connected to their disability. Issues of defining disability in the equality act 2010. The equality act 2010 protects disabled employees from discrimination in the workplace. Disability discrimination legal service ross house 2nd floor, 247 flinders lane melbourne, vic 3000.
Under the equality act 2010, the definition of a disability is. Equality act and disability discrimination act explained. 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. The disability discrimination act 1992 was amended by the workplace relations amendment work choices consequential amendments regulations 2006 no. Under the equal opportunity act 2010, disability includes. This applies to employers, public and private services. 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 amendments are incorporated in this compilation. Under the equality act 2010, there is a legal duty on employers to make these reasonable adjustments for disabled employees. Education providers can often prevent unfavourable treatment that amounts to discrimination arising from disability by making reasonable adjustments. 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. 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 reasonable adjustments duty under the equality act operates slightly differently but the object is the same. Ms linsley, who is employed by hmrc, has ulcerative colitis. Demystifying disability discrimination law drawing on nearly 20 years experience of disability discrimination claims, employment. Workplace stress drives up disability discrimination claims. Failure to make reasonable adjustments s20 s21 this duty is at the heart of disability discrimination law. The disability discrimination act dda requires that employers introduce reasonable adjustments in respect of applicants and employees who are disabled. To begin with the disability discrimination act allowed employers to argue a justification to making a reasonable adjustment. The employer must also consider reasonable adjustments for anything linked to an employees disability. The obligation to provide reasonable adjustments for people with disability is discussed in more detail on. Disability discrimination equality and human rights. 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.
Discrimination arising from disability gb, equality act only. The equality act 2010 replaced the disability discrimination act. Resources on the different types of discrimination. 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. Disability discrimination and the law disability charity. Critically discuss the extent to which the duty to make. Disability discrimination in schools citizens advice. 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.
Check if your child is disabled under the equality act. Proving disability and reasonable adjustments a guide to. Obligation to make reasonable adjustments disability. 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. You should be familiar with the reasonable adjustments duty which was first introduced under the disability discrimination act 1995.
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. 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 leading disability discrimination case dealing with the comparator is the case of smith v churchill stairlifts 2006 icr 524. 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. 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. It says that disabled people have the right to reasonable adjustments that make jobs and services accessible to them. We round up 12 reasonable adjustments that employers may be required to make during recruitment. 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. 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. Reasonable adjustments disability discrimination legal service. Duty to make reasonable adjustments for disabled people. 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.
The condition can make her need to go to the toilet urgently, can flare up and down, and can be aggravated by stress. Disability discrimination equality and human rights commission. Reasonable adjustments for workers with disabilities. Ms x has been employed by the department since may 1994. Disability discrimination further and higher education gb. 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.
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. Hmrc has a national policy on the use of its car parks. 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. Disability discrimination reasonable adjustments gannons. If a person with disability needs some form of workplace adjustment to be able to work, or to be. Reasonable adjustment is implicit in the requirement to avoid indirect discrimination under dda section 6. The comparison exercise for reasonable adjustments cases is different from the comparison exercises in other discrimination cases. If someone doesnt cooperate with their duty to make adjustments, the equality act says its unlawful discrimination. Under the equality act 2010 public sector organisations have to make changes in their approach or provision to ensure that services are accessible to. 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. 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. 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. 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.