DISABILITY DISCRIMINATION IN EMPLOYMENT A GUIDE TO THE LAW AND GOOD PRACTICE

1. DISABILITY DISCRIMINATION IN EMPLOYMENT A GUIDE TO THE LAW AND GOOD PRACTICE 30 November 2009

2. LEGISLATION European Community Law Council Directive 2000/78 EC Domestic Law 1. Disability Discrimination Act 1995 as amended by- (a) Disability Discrimination (Meaning of Disability) Regs (NI) 1996 (b) Disability Discrimination Act 1995 (Amendment) Regs (NI) 2004 (c) Disability Discrimination (NI) Order 2006 • Special Educational Needs & Disability (NI) Order 2005

3. LEGISLATION Additional Public Sector statutory duties • Section 75 of the Northern Ireland Act 1998 Includes a duty to have due regard to the need to promote equality of opportunity between persons with a disability and persons without. • Section 49A of the DDA Imposes a duty to have due regard to the need to promote positive attitudes towards disabled people and to encourage participation by disabled people in public life.

4. DEFINITION OF “DISABILITY” / “DISABLED PERSON” Under the DDA a person is deemed to be disabled if he/she has or has had: a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities.

5. DISCRIMINATION BY EMPLOYERS It is unlawful for employers to discriminate against, or harass, disabled persons who are- • seeking, or applying, for work; • current, or former, employees; • contract workers; • undertaking practical work experience.

6. 5 Forms of Disability Discrimination 1. Direct discrimination Less favourable treatment on the ground of the disabled person’s disability 2. Disability-related discrimination Unjustified less favourable treatment for a reason that is related to the disabled person’s disability 3. Failure to comply with a duty to make reasonable adjustments 4. Harassment 5. Victimisation

7. Harassment Harassment occurs where- a disabled person is subjected to unwanted conduct which is related to his/her disability and which has the purpose or effect of: • violating his or her dignity, or which • creates an intimidating, hostile, degrading, humiliating or offensive environment for him or her.

8. DUTY TO MAKE REASONABLE ADJUSTMENTS The duty is triggered where: • a provision, criterion or practice applied by the employer, or where • any physical features of the employer’s premises • places the disabled person concerned • at a substantial disadvantage in comparison with persons who are not disabled

9. DUTY TO MAKE REASONABLE ADJUSTMENTS Where the duty is triggered, the employer is required • to take such steps as it is reasonable for him to have to take • in all the circumstances of the case • in order to prevent the provision, criterion or practice or physical feature in question • from placing the disabled person at the substantial disadvantage

10. ASSESSING REASONABLENESS CORE COMPONENTS • Keep an open mind / use imagination • Is it practical? / Will it be effective? [see factors outlined in next slides] • How to assess these- • consult the disabled person about his/her needs • obtain expert advice, where appropriate • use trial periods to test effectiveness • review periodically

11. Contact • Paul Oakes • Manager • 02890500694 • poakes@equalityni.org