UK Disability Discrimination Act: Advantages and Limitations

Introduction to Disability Discrimination Legislation

Disability is a problem that affects millions of people. In recent decades, several pieces of legislation have been passed to help eliminate discrimination against disabled people in the workplace and in other areas of society. The main legislation on disability in the United Kingdom is the Disability Discrimination Act (DDA) of 1995. With an amendment added in 2003 and a second version of the Act in 2005, these laws were established by the government to expand the range of recognized disabilities and to protect the rights of disabled people in society — particularly in the workplace. While there are clear positives to the implementation of these acts, there are also potential dangers.

The DDA's overarching advantage is its ability to reduce discrimination against disabled people living and working in the United Kingdom. It offers fundamental egalitarianism through equal rights in employment and other aspects of society. Major advantages also exist in the field of education, as disabled students now receive the kind of assistance they would not have had access to prior to the Act's passage. For example, designing curriculum and enabling classroom participation now requires thinking with inclusivity in mind.

Key Provisions of the DDA 1995 and 2005

The Disability Discrimination Act of 1995 prohibits discrimination against disabled people across a variety of situations, covering occupation, transport, employment, and the provision of services, goods, facilities, premises, as well as the application of public functions. As noted in government guidance, "only those people who are defined as disabled in accordance with section 1 of the Act, and the associated schedules and Regulations made thereunder, will be entitled to the protection that the Act provides" (Great Britain: Department for Work and Pensions, 2006, p. 10). While the Act provided assistance in ending discrimination for those with disabilities, the amended Act of 2005 introduced significant additional changes.

The Disability Discrimination Act of 2005 was in force from December 5, 2005 to September 30, 2010. The amended Act widened the definition of "disability" and placed a new positive duty on public bodies to promote equality of opportunity for disabled people. Prior to the Act of 2005, the Disability Rights Task Force had prompted the government to publish a draft of what was called the Disability Discrimination Bill. After 2010, both the 1995 and 2005 Acts were consolidated into the Equality Act of 2010. As Wright (2011, p. 15) explains, "when, upon the coming into force of the Equality Act 2010 on 01 October 2010 that repealed the Act of 1995 and 2005, most of the provisions of the Disability Discrimination Act 2005 and the Disability Discrimination Act 1995 were subsumed into the Equality Act 2010." While the Equality Act remained in effect, the Act of 1995 continued to be used as the primary Act for employment purposes.

Another aspect of the 2005 Act not included in the DDA 1995 was the categorization of people with multiple sclerosis, HIV, and major cancers as being disabled. As Hughes and Ferrett (2009, p. 513) note, the legislation "provided that people with illnesses such as HIV, multiple sclerosis and major cancers were to be regarded, from the point of diagnosis, as disabled for the purposes of the DDA 1995 ... Mowat-Brown v University of Surrey (2002)." These laws helped make discrimination against disabled people illegal. However, there are instances when a disabled person can be lawfully reprimanded for certain behaviour if their continued employment is made conditional upon receiving professional assistance. There are several documented cases in which a disabled person suffering from a mental illness became a danger to those around them because that individual did not receive the help they needed (Manley, 2009).

Inclusive Design and Reasonable Accommodation

Design integrates a problem-solving dimension, with similarities to problem-oriented approaches in other fields, but also encompassing problem-finding and formulation. Early applied research efforts centred on encouraging designers to draw on outside influences when generating ideas. Today, however, the focus has shifted to enabling designers and practitioners to develop purposeful interventions, since stakeholders often have multiple, overlapping aims. Those who experience disability require an inclusive design that allows them to participate as fully as those without disabilities. As Gill (2014, p. 134) notes, "inclusive design, championed by the Helen Hamlyn Centre, Royal College of Art, seeks to make designs usable and welcoming to groups with diverse abilities — for example, the elderly or disabled."

Under the DDA 1995, employers who hire disabled employees must provide reasonable accommodations for them. For example, a paraplegic employee who requires a wheelchair ramp in order to travel more easily from their car to the office is entitled to that reasonable accommodation. Such a modification is not a costly endeavour and can benefit anyone requiring accessible entry to a building. Inclusive designs are among the positive consequences of recognising the rights of disabled people. However, negative consequences also exist.

Aside from the potential for misinformation and the failure to identify problematic workplace situations, there are many benefits to having the DDA in effect. A clear advantage is preventing disabled people from being denied employment on the basis of their disability. It is already difficult for anyone to find gainful employment; it is even harder for someone with a disability. By requiring businesses and schools to accommodate people with disabilities, the Act gives those individuals rights and options they previously did not have. For example, disabled students are not required to participate in certain activities that they cannot perform due to their disability, without fear of failing a class as a result.

Students with learning disabilities may have a more difficult time engaging with the curriculum. The DDA provides options for these students to learn at their own pace and still graduate. The Act also creates space for organisations to form and fund initiatives that further assist people with disabilities — including career and job counselling, résumé building, and similar support services. Overall, the DDA has generated an increased level of awareness of disability and the limited options historically available to disabled people.

Conclusion: Evaluating the DDA's Impact

The DDA was passed to help disabled people avoid discrimination, especially at school and in the workplace. Thanks to the DDA, disabled people have experienced several important benefits, including reasonable accommodation, inclusive design, and additional rights and assistance that were previously unavailable to them. However, the DDA has also brought with it negative consequences that have led to some difficult outcomes.

Because of the DDA, employers may be reluctant to reprimand a disabled employee. Yet because some disabled employees have difficulty managing the stresses of their job, they may lash out violently. This can happen to anyone, regardless of disability, but because the DDA affords greater protection to disabled workers, a disabled employee may not receive the reprimand or intervention needed to address problematic behaviour or obtain appropriate help. Fraud represents another negative consequence, as individuals without disabilities have applied for — and in some cases received — benefits intended for those with genuine disabilities.

The DDA has evolved to encompass a wide range of conditions, categorising them as disabilities. For example, those diagnosed with multiple sclerosis are now considered disabled under the Act. However, the boundaries of the Act can make it difficult to differentiate a temporary mental condition from a permanent disability, potentially resulting in misclassification.

The DDA is a law that promotes equality for disabled people. However, it continues to require refinement. The 2003 Amendment, the DDA 2005, and the subsequently enacted Equality Act have all taken steps to ensure the rights of disabled people are preserved and enforced. In the future, the United Kingdom will likely see further modifications aimed at preventing the abuse of such legislation while delivering genuine equality to all.

References

Gill, M. (2014). The handbook of security (2nd ed.). Springer.

Great Britain: Department for Work and Pensions. (2006). Disability Discrimination Act. TSO.

Herring, J. (2011). Criminal law (7th ed.). Palgrave Macmillan.

Hughes, P., & Ferrett, E. (2009). Introduction to health and safety at work. Elsevier/Butterworth-Heinemann.

Manley, A. (2009). Security manager's guide to disasters. CRC Press.

Wright, J. (2011). Disability discrimination. www.e-authorsdirect.com.