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Disability Discrimination Act Challenges, changes, choices. Dr Christine Rose. DDA 1995 legislation. DDA Part 1 – definition of a disabled person Part 2 – discrimination in employment Part 3 – discrimination in the provision of goods and services
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Disability Discrimination Act Challenges, changes, choices Dr Christine Rose Dr Christine Rose
DDA 1995 legislation • DDA Part 1 – definition of a disabled person • Part 2 – discrimination in employment • Part 3 – discrimination in the provision of goods and services • DDA Part 4 – gave disabled learners and applicants new legal rights to education • Legislation is anticipatory Dr Christine Rose
This may cover learners with • Impaired mobility, visual impairment, speech difficulties • Deaf or hard of hearing • Reduced dexterity • Mental health difficulties such as depression • Medical conditions such as epilepsy, diabetes, HIV, cancer, Multiples Sclerosis • Specific learning difficultieseg dyslexia Dr Christine Rose
Cases going through the Disability Rights Commission • Processes for encouraging disclosure • Communication mechanisms to pass information on to others • Learners deterred from courses, despite meeting entry criteria Dr Christine Rose
Further examples of cases • Attitudes /inflexibility / insensitivity of staff • Inaccessibility of buildings Dr Christine Rose
The new Duty to Promote Disability Equality • Applies to educationproviders and other public sector bodiesincluding the LSC, HEFCE, Ofsted and ALI • Covers staff as well as learners • New duty significantly strengthens current DDA legislation Dr Christine Rose
The new Duty to Promote Disability Equality • New general duty on all public sector providers to have due regard to • eliminate unlawful discrimination, and • eliminate disability related harassment, and • promote equality of opportunity between disabled people and other people, and • take steps to take account of disabled people’s disabilities, even where that involves treating disabled people more favourably than other people, and • promote positive attitudes towards disabled people, and • encourage participation by disabled people in public life Dr Christine Rose
The underpinning principle of DDA legislation is the social model of disability Dr Christine Rose
Medical model of disability Can’t see Needs help Can’t talk Can’t walk Can’t hear Can’t speak Can’t spell Needs a doctor Has seizures Needs support Can’t use hands Can’t get up steps Dr Christine Rose
Social model of disability Overprotective staff, parents H & S used as excuse No accessible parking Can’t get on a course Negative attitudes Stairs not ramps Prejudice, fear No support staff Exclusive policies Lack of involvement Inappropriate language Negative images disabled people Dr Christine Rose
QUIZ Dr Christine Rose
Different ways to discriminate against disabled people • Direct discrimination • Disability-related discrimination • Failure to make reasonable adjustments • Harassment • Victimisation Dr Christine Rose
Making reasonable adjustments – scenarios to consider Dr Christine Rose
Mind the Gap Dr Christine Rose