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Disability Discrimination Act 1995
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1995 (c. 50) (informally, and hereafter, the DDA) is an act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
The DDA is a civil rights law. Other countries use constitutional, social rights or criminal law to make similar provisions. The Equality and Human Rights Commission combats discrimination. Equivalent legislation exists in Northern Ireland, which is enforced by the Northern Ireland Equality Commission.
The act was the culmination of a public campaign, and at least 100,000 people in demonstrations, to force the government to end state and business discrimination against disabled people. While the Race Relations Act 1976 and the Sex Discrimination Act 1975 guaranteed minimum standards for equality on grounds of race and gender, there had been very little concerning disabled people. Prior to the DDA, the first attempt to deal with the issue of disability was the Disabled Persons (Employment) Act 1944. This made it a legal requirement for companies with over 250 employees to employ a quota of disabled persons. This failed as there was not now anyone appointed to monitor these rights and as such was toothless.
The Act placed duties on service providers and required "reasonable adjustments" to be made when providing access to goods, facilities, services and premises. These were introduced in three stages:
The Act was amended by the following legislation in Great Britain (but not Northern Ireland, where different amendments apply):
The DDA 1995 departed from the fundamental principles of older UK discrimination law (the Sex Discrimination Act 1975 and the Race Relations Act 1976). These Acts, also repealed and replaced by the Equality Act 2010, made direct discrimination and indirect discrimination unlawful. However, these concepts are insufficient to deal with the issues of disability discrimination.[citation needed]
The core concepts in the DDA 1995 are, instead:
"Reasonable adjustment" or, as it is known in some other jurisdictions, 'reasonable accommodation', is the radical[citation needed] concept that makes the DDA 1995 so different from the older legislation. Instead of the rather passive approach of indirect discrimination (where someone can take action if they have been disadvantaged by a policy, practice or criterion that a body with duties under the law has adopted), reasonable adjustment is an active approach that requires employers, service providers etc. to take steps to remove barriers from disabled people's participation. For example:
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Disability Discrimination Act 1995
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. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport.
The DDA is a civil rights law. Other countries use constitutional, social rights or criminal law to make similar provisions. The Equality and Human Rights Commission combats discrimination. Equivalent legislation exists in Northern Ireland, which is enforced by the Northern Ireland Equality Commission.
The act was the culmination of a public campaign, and at least 100,000 people in demonstrations, to force the government to end state and business discrimination against disabled people. While the Race Relations Act 1976 and the Sex Discrimination Act 1975 guaranteed minimum standards for equality on grounds of race and gender, there had been very little concerning disabled people. Prior to the DDA, the first attempt to deal with the issue of disability was the Disabled Persons (Employment) Act 1944. This made it a legal requirement for companies with over 250 employees to employ a quota of disabled persons. This failed as there was not now anyone appointed to monitor these rights and as such was toothless.
The Act placed duties on service providers and required "reasonable adjustments" to be made when providing access to goods, facilities, services and premises. These were introduced in three stages:
The Act was amended by the following legislation in Great Britain (but not Northern Ireland, where different amendments apply):
The DDA 1995 departed from the fundamental principles of older UK discrimination law (the Sex Discrimination Act 1975 and the Race Relations Act 1976). These Acts, also repealed and replaced by the Equality Act 2010, made direct discrimination and indirect discrimination unlawful. However, these concepts are insufficient to deal with the issues of disability discrimination.[citation needed]
The core concepts in the DDA 1995 are, instead:
"Reasonable adjustment" or, as it is known in some other jurisdictions, 'reasonable accommodation', is the radical[citation needed] concept that makes the DDA 1995 so different from the older legislation. Instead of the rather passive approach of indirect discrimination (where someone can take action if they have been disadvantaged by a policy, practice or criterion that a body with duties under the law has adopted), reasonable adjustment is an active approach that requires employers, service providers etc. to take steps to remove barriers from disabled people's participation. For example: