Disability Discrimination – The Facts!

1. Disability Discrimination – The Facts! Emma Kelly Equality Commission for Northern Ireland

2. The Equality Commission for Northern Ireland Mission: “To promote respect for diversity, eliminate discrimination and achieve equality for all”

3. Equality Areas The Commission has statutory powers under the following areas: • Sex • Religion or political belief • Race • Sexual orientation • Disability • Age – coming in Oct 2006 • Section 75

4. Facts about disability • Almost 9 million disabled people in the UK • 14.7% of population in GB • 21% of population in NI – 1 in 5

5. Facts about disability • 3% of disabled people were born with their disabilities • 1 in 4 people will be affected by mental ill health in the course of their life • 33% of people aged 50 – 65 have a disability

6. Does Disability Discrimination Happen? • 2 ½ times more disabled people don’t have jobs than non-disabled people • 2 in 5 disabled people are found to be living in poverty

7. DDA 1995 • Part 1: What is a disability? • Part 2: Employment & Occupations • Part 3: Access to goods, facilities, services and premises • Part 4: Education: Schools and Further & Higher Education (SENDO)

8. What is a Disability? According to the law, a disability has to be a condition which is a Physicalor mental impairment That has a Substantial, adverse, long-termeffect On a persons ability to carry out normal day to day activities

9. DDO changes to the definition of disability Forthcoming Changes • Removal of “clinically well recognised” for mental health difficulties • For those with HIV, cancer and MS, they will meet the definition from diagnosis rather than when they are symptomatic • Intended to make it easier for people with the above conditions to gain protection for the DDA

10. DDA - Part III Rights of Access, Goods, Facilities, Services and Premises

11. Who are Service Providers? • Providing goods, facilities or services • To the public or section of the public • Whether they are free or at a cost Note • Public, private and voluntary sectors • Everyone involved in provision • No minimum threshold

12. What is Discrimination relating to GFS? You MIGHT be breaking the law if you: • Treat someone less favourably for a disability related reason without justification • Fail to make a reasonable adjustment unless you can justify this.

13. Examples of Less Favourable Treatment • To refuse to serve a disabled person • To serve him/her on worse terms • To provide a service of a worse standard

14. What is a reasonable adjustment? Adjustments Barriers

15. October 2004 – New Duties 1999 - overcome physical barriers • by providing reasonable alternative method of service 2004 - overcome physical barriers • by removing feature • by altering it • by avoiding it

16. Physical Features in Practice This may include: • Steps, kerbs, stairways, exterior surfaces and paving, parking areas • Building entrances and emergency exits • Internal and external doors, gates • Toilet and washing facilities, Public facilities (telephones, counters, service desks etc.) • Lighting and signage • Lifts • Floor coverings

17. SENDO Special Educational Needs and Disability Order – 2005 (Known as SENDA in GB)

18. SENDO • Students and pupils have new rights to protect them from being treated worse at school or college because of their disability • Schools, colleges and Universities are under new duties to make reasonable changes to help disabled people to learn and take part in school or college life

19. Discrimination • Less favourable treatment • Failure to make reasonable adjustments • Provision of auxiliary aids and services – only applies to FE/HE • Schools – SEN framework to provide any auxiliary aids and services

20. Which aspects of educational life does SENDO cover? SENDO covers all aspects of educational life, including: • Admissions/exclusions • Education and associated services/student services – Health Centres! • Suspensions/expulsions

21. DDA - Part II Employment and Occupation – Code of Practice for Trade Organisations and Qualifications Bodies

22. Qualifications Bodies • Organisations that confer professional or trade qualifications • ‘Professional or trade qualification’ - authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for or engagement in a particular profession or trade • For example: NMC, GMC

23. Example of discrimination A nursing organisation refuses to admit a woman with a history of mental health problems – because it assumes she couldn’t do the job and would be a health and safety risk. This is unlawful because it is direct discrimination.

24. When might a QB have to make adjustments? • Becoming a member e.g. membership forms • Benefits of being a member e.g. trade fairs, training courses, lectures, conferences, websites, magazines • During examinations, tests, assessments (extra time, large print exam papers, interpreters)

25. QBs – particular issues • Key issue is Competence Standards • These are academic, medical or other standards applied by or on behalf of a qualifications body for the purpose of determining whether or not a person ha a particular level of competence or ability • QBs do not have to make adjustments to competence standards. But . . .

26. Competence standards contn’d They must be justifiable i.e. • The standard must be applied equally to people who have that particular disability and people who don’t • The standard must be a proportionate means of achieving a legitimate aim

27. Competence standards likely to be justified • Certain standard of vision for a pilot or HGV driver – can be tested using an eyesight test • Certain standard of knowledge about the law for a solicitor – can be tested through an exam • Certain standard of skill in carpentry – can be tested through a practical test

28. When do QBs have to make adjustments to tests or exams? • Don’t confuse the assessment process with the competence standard • Competence standards – these must be and justifiable but no adjustments need to be made • Assessment process – adjustment may be needed e.g. extra time, spell checker, rest breaks, large print test paper etc

29. Best Practice - Improving Accessibility • Disability policy • Staff training and awareness • Physical features • Information provision • Communications • Organising accessible events • Health and safety

30. Further Help and Advice Equality Commission NI Equality House 7-9 Shaftesbury Square Belfast BT2 7DP Tel: 028 90 500600 Textphone: 028 90 500589 email: information@equalityni.org website: www.equalityni.org