The Disability Discrimination Act. The DDA (1995) originally applied only to education institutions as employers and service organisations. The Special.
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Presentation on theme: "The Disability Discrimination Act. The DDA (1995) originally applied only to education institutions as employers and service organisations. The Special."— Presentation transcript:
The DDA (1995) originally applied only to education institutions as employers and service organisations. The Special Educational Needs and Disability Act (SENDA) (2001) amended the DDA Part 4 to place specific duties on all educational institutions (pre- and post-16) in the provision of education.
The Disability Discrimination Act As a result of the European Union Employment Directive on Equal Treatment, the: DDA Part 2 was amended (Oct 2004) to strengthen the rights of disabled people in employment and vocational training, including work placements; and Part 4 was amended (Sept 2006) to strengthen their rights in education.
The Disability Discrimination Act The DDA (2005) made further amendments by: widening the definition of who may be a disabled person bringing general qualifications bodies under the Act introducing a duty to promote disability equality on the public sector; the Disability Equality Duty (DED).
DDA Part1 - Definition of Disability It is a very broad definition and includes: physical or sensory impairments; mental health difficulties, such as depression; specific learning difficulties, such as dyslexia; health conditions, such as Alzheimer’s, HIV, epilepsy, arthritis and cancer.
DDA Part1 - Definition of Disability The impairment must have: a substantial, adverse effect on a person’s ability to carry out normal day-to-day activities; lasted for at least 12 months, or be likely to last for 12 months or more. People with the specific conditions HIV, cancer and MS are now covered effectively from the point of diagnosis.
DDA Part 2 - Employment This prohibits discrimination in employment and covers all employers in their capacity both as employers and as work placement and work experience providers. Employers cannot discriminate against disabled people when deciding: who can be admitted to a particular trade or qualification; the terms on which people are admitted; or upon whom they confer any awards.
DDA Part 2 - Employment Employers also have a duty to make reasonable adjustments for disabled people, unless the application of a competence standard applies. However, they must ensure that their competence standards are not discriminatory.
DDA Part 2 - Employment Education institutions need to work with employers providing work placements and work experience to share information to ensure that discrimination does not happen and that reasonable adjustments are made. For further information about Part 2 of the DDA please see the Employment and Occupation Code of Practice (2004).
Part 4 DDA – Education (SENDA, 2001) This prohibits discrimination in the provision of education. The original and fundamental duties in DDA Part 4 state that 'disabled people cannot, without justification, be discriminated against or receive less favourable treatment for a reason related to their disability and that educational institutions must make ‘reasonable adjustments’'.
Part 4 DDA – Education (SENDA, 2001) The duties are ‘anticipatory’, - education institutions need to look ahead to provide the necessary adjustments which disabled people are likely to require. There are now 4 kinds of discrimination specified: direct discrimination; failure to make a reasonable adjustment; disability-related discrimination; and victimisation.
Part 4 DDA – Education (SENDA, 2001) It is now easier for a disabled person to prove they have experienced discrimination. Where a disabled person has proved that they are protected by the Act and that there is a prima facie case for discrimination, the burden of proof then falls to the education institution to prove that they have not acted in a discriminatory way, rather than on the disabled person to prove the discrimination.
Part 4 DDA – Education (SENDA, 2001) Making reasonable adjustments The duty to make adjustments in education (DDA Part 4) and in providing services (DDA Part 3) is an anticipatory one. This means that organisations should continually anticipate the general requirements of disabled people with a wide range of impairments and health conditions rather than simply waiting until a disabled person requests a particular adjustment.
The duty to make adjustments in relation to employment and occupation (DDA Part 2) is not an anticipatory one. Although employers only have to make adjustments when they know, or ought reasonably to be expected to know, that someone is disabled and is likely to be put at a substantial disadvantage, employers should ensure that potential applicants or employees are aware of how to request an adjustment.
Disclosure Under Parts 2 and 4, when making reasonable adjustments for staff and students, education institutions can only discriminate if they know, or can be reasonably expected to know, that someone is disabled. Parts 2 and 4 therefore requires them to be proactive in encouraging people to disclose, they must take reasonable steps to find out whether someone is disabled.
Disclosure Under the DDA Parts 2 and 4, once one member of staff knows about a person’s impairment or health condition, and explicit consent has been obtained to share this information with others, then it is up to the organisation to have effective channels of communication to pass this information to relevant staff.