Under the Disability Discrimination Act 1995 (DDA 1995), disabled people are protected against discrimination in the work place. The DDA 1995 stipulates that:-

• it is illegal for a disabled person to be treated less favourably for a reason relating to their disability and;
• there is an obligation upon employers to make reasonable adjustments to working conditions or to the workplace where these would help a particular disabled employee.

The types of discrimination are:-

• Direct Discrimination. This occurs where an individual is treated less favourably on the grounds of their disability.
• Indirect Discrimination. This is the application of a criterion, provision or practise which disadvantages disabled people.
• Harassment. This is defined as “unwanted conduct that violates a person’s dignity or creates an intimidating, hostile or offensive environment” for them.
• Victimisation. This is less favourable treatment of an individual who has raised or intends to raise a complaint or allegation of discrimination on the grounds of disability.

The above legislation applies to disabled job applicants and workers and affects all aspects of the employment relationship. From December 2005 amendments and additions to the DDA 1995 will come into effect, by virtue of the Disability Discrimination Act 2005. Click here to read about this.

For further information contact our team or your usual contact in the firm.