CEHR - DRC - DDA Page

Equality Act comes into force 1st October 2010

The vast majority of the Equality Act's provisions will come into force today. This landmark legislation strengthens, harmonises and streamlines 40 years of equality legislation, providing protection from discrimination across all the ‘protected characteristics’:  age, disability, sex (including gender reassignment), race, religion and belief, and sexual orientation.  The Equality Act affects you as an employer and service provider and applies whatever the size of your organisation or sector you work in.

We give you the low-down on the new Commission for Equality and Human Rights.

The Disability Equality Duty is a new way of helping the public sector make a real, positive change to the lives of disabled users and employees, ensuring that they are treated fairly and equally.
The Disability Rights Commission has produced a wealth of information for public authorities and disabled people on the duty which is available here.

Disabled students and learners in post-16 education

If you are a disabled student or prospective student and think you have been discriminated against, you may be able to challenge this under the Disability Discrimination Act 1995 (DDA).

The DDA gives disabled students rights in their access to colleges, universities and other providers of Post-16 education. Your rights in education have been introduced in three stages:

• Since 1 September 2002 it has been against the law for education providers to treat you less favourably for a reason related to your disability or to fail to make reasonable adjustments to prevent you being placed at a substantial disadvantage.

• Since 1 September 2003 education providers have had to provide auxiliary aids and services as part of the reasonable adjustments duty

• Since 1 September 2005 education providers have had to make reasonable adjustments to their premises where there are physical features that are placing you at a substantial disadvantage.

There is a Code of Practice for Post-16 education providers about the DDA. It is taken into account by the courts and it guides disabled people and service providers on how reasonable adjustments should be made.

For more

Definition of Disability

A physical or mental impairment which has an effect on his or her ability to carry out normal day to day activities. The effect must be:

• Substantial; and

• Long-term; and

• Adverse.

• Meaning of disability

  • From December 2005 someone with cancer, HIV or MS will be deemed to be disabled.

  • Previously had to have some effect on them but now from the point of diagnosis.

  • Removes the requirement that a mental illness must be “clinically well recognised”

Are the DRC DDA Codes of Practice obsolete?

The Disability Discrimination Act 1995 (Amendment) Regulations 2003

Disability Discrimination Act 1995 CHAPTER 50

This link will take you to the Office of Public Sector Information pages "Disability Discrimination Act 1995 CHAPTER 50"

Doing the Duty: An overview of the Disability Equality Duty for the public sector

Making access to goods and services easier for disabled customers: A practical guide