How Disability Discrimination Act changes close a 'significant loophole'

The scope of the Disability Discrimination Act 1995 was extended on 5 December and now protects more people in a wider range of circumstances. Caroline Ellis, head of parliamentary affairs at the Disability Rights Commission, explains the changes to Elizabeth Davidson...

The protection offered by disability discrimination legislation has been extended to a broader category of people, as of 5 December 2005, closing a “significant loophole” in the law.

The Disability Discrimination Act 2005 (DDA 2005) amends schedule 1 of the DDA 1995, extending the definition of “disabled” to include people diagnosed with cancer, HIV and multiple sclerosis, even if they are not yet showing signs of their illness. This is intended to stop employers from discriminating against people because they’ve just found out they have these conditions. The Department of Work and Pensions has estimated that about a quarter of a million people will be affected by this.

Caroline Ellis, head of parliamentary affairs at the DRC, explains: “This means that if you have any of these conditions—cancer, HIV or multiple sclerosis—then you’re deemed to be a disabled person and covered by the Act, full stop. This ends the situation where people could have these illnesses and then be treated unfairly because they didn’t fall under the legal definition.”

Another amendment to schedule 1of the DDA 1995 improves access to justice for people with mental health conditions. Currently, people have to prove that they have a mental impairment that has a “substantial and long-term impact” on their lives to get legal protection from the law. They must also prove the impairment is “clinically well-recognised” before they can bring a case under disability discrimination legislation. Those with a physical impairment, on the other hand, don’t have to prove this. Under the new law, the requirement to have a “clinically well-recognised” condition is dropped.

Other changes to the law on disabled rights that came into force on 5 December include: the extension of the DDA to private clubs with 25 or more members; sanctions for publishers of discriminatory adverts; a simpler process for people who think they have been discriminated against when using services; and new protection for local authority councillors.

Ellis says: “This means that private clubs with 25 or more members cannot treat you less favourably by reason of your disability, whether you apply for membership or bring a guest. In December 2006, there will be further changes to the law that means they will be required to also make ‘reasonable adjustments’ if these are requested, for example, by printing a menu with a bigger font.

“A simpler process has been introduced for good and services cases, under which the service provider can be sent a questionnaire which should clarify the circumstances surrounding the discriminatory treatment. This could prompt early settlement or lead to the complaint being dropped. Questionnaires are already used in DDA employment cases and goods and services cases under race and sex equality law.”

“At the moment it is unlawful for employers to publish or cause to be published a discriminatory advertisement inviting applications for a job. An amendment to section 16B of the DDA 1995 extends this so that third parties (e.g. newspapers) are also liable for publishing discriminatory advertisements.”

(15/12/05)

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Legislative annotations in other services:-
Disability Discrimination Act 2005; Disability Discrimination Act 1995