The Disability Discrimination Act (DDA) was introduced in 1995. It is designed to encourage fairness and good practice, by seeking to ensure that everyone who is employed, served, or studying, whether they are disabled and non-disabled, is treated equally and according to their needs.

It is important to understand that fewer than 8% of disabled people use wheelchairs (figures from the Employers’ Forum on Disability). It is often the case that the needs of people using wheelchairs are given primary consideration. Whilst this is a very important area, it is critical to consider Deaf and hard of hearing people, who make up a large percentage of the disabled population.

The DDA is arranged into sections covering differing circumstances that may affect disabled people. Of relevance here is Part II Employment, Part III Goods, facilities, services and premises and Part IV Education. These sections should be relevant whether you are, or are working on behalf of, an employer, service provider or education provider. A “section 6 duty” refers to changing “any arrangements made by or on behalf of an employer, or any physical feature of premises occupied by the employer”. On this basis it would be unlawful to exclude a disabled person from a building or area of a building with the justification that he/she could be at risk in the event of a fire. It makes it necessary to implement procedures that include escape plans for disabled people.

The DDA is…

“An Act to make it unlawful to discriminate against disabled persons in connection with employment, the provision of goods, facilities and services or the disposal or management of premises; to make provision about the employment of disabled persons; and to establish a National Disability Council. [8th November 1995]”

Meaning of “Discrimination”…

An [employer, provider of services] discriminates against a disabled person if –

a) for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and

b) he cannot show that the treatment in question is justified. For the purposes of this part, an employer also discriminates against a disabled person
if –

a) he fails to comply with a section 6 duty imposed on him in relation to the disabled person; and

b) he cannot show that his failure to comply with that duty is justified.