The Disability Discrimination Act
Is my employee protected by the DDA?
In order to judge whether an employee is protected by the Disability Discrimination Act (DDA), it is important to consider these questions:
- Does the worker have an impairment that is either mental or physical?
- Does the impairment affect the worker's ability to carry out normal day-to-day activities and does it have a substantial adverse effect? Normal day to day activities are: Mobility, manual dexterity, physical coordination, continence, ability to lift, carry or otherwise move everyday objects, speech, hearing or eyesight, memory or ability to concentrate, learn, or understand, or perception of the risk of physical danger?
- Is the adverse condition long term? Long term = lasted at least 12 months or the period it lasts is likely to be at least 12 months or it is likely to last for the rest of the life of the person?
- If any medication or treatment is removed - would it result in a relapse or a worsened condition?
If you answer YES to these questions, it is likely that your employee is protected by the provisions of the Disability Discrimination Act.
Discrimination
There are three main types of discrimination: direct, failure to make reasonable adjustments, and disability-related discrimination.
- Direct discrimination is less favourable treatment on the grounds of the person's disability. This type of discrimination can never be justified in law. If less favourable treatment occurs because of an employer's generalised or stereotypical assumptions about the disability or its effects, it is likely to be on the ground of disability. Direct discrimination need not be conscious and could occur even though the employer does not know the employee is disabled.
- Failure to comply with a duty to make reasonable adjustments can also never be justified in law. Please see our separate fact sheet on making reasonable adjustments for further information.
- Disability-related discrimination is less favourable treatment for a reason related to the disabled person's disability. This can be justified in certain circumstances. An employer's treatment of a disabled person amounts to disability related discrimination if:
- It is for a reason related to his disability
- The treatment is less favourable than the way in which the employer treats or would treat others to whom that reason does not or would not apply, and
- The employer cannot show that the treatment is justified
Other unlawful acts
Harassment
For a reason which relates to disability, a person engages in unwanted conduct which has the purpose or effect of violating the disabled person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Victimisation
Protects other workers, not just disabled, from discrimination, and includes witnesses, advisors, union reps etc - anybody involved in a disability case
