disability discrimination act examples

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chaz.heer
Created by chaz.heer over 5 years ago
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disability discrimination act examples
1 direct discrimination
1.1 Direct discrimination is where you are treated less favourably because of your disability than someone without a disability would be treated in the same circumstances.
1.1.1 A pub allows a family with a child who has cerebral palsy to drink in their beer garden but not in their family room. The family with the disabled child are not given the same choices that other families have.
1.1.2 A blind person is not short-listed for a job involving computers because the employer wrongly assumes that blind people cannot use them. The employer makes no attempt to look at the individual circumstances. The treatment was on the ground of the person’s disability (because assumptions would not have been made about a non-disabled person).
2 indirect discrimination
2.1 Indirect discrimination is where there is a rule, policy or practice which seems to apply equally to everyone, but which actually puts disabled people at an unfair disadvantage compared with people who aren't disabled.
2.1.1 A local authority produces an information leaflet about its services for local people. It does not produce an easy-to-read version of the leaflet in order to save money. This would make it more difficult for someone with a learning disability to access the services and could amount to indirect discrimination.
3 harassment
3.1 Harassment could be behavior towards a person that may be offensive, frightening, degrading, humiliating or in any way distressing. Examples of harassment could involve nicknames, teasing, name-calling, pulling faces, jokes, pranks or any other behavior that could be upsetting because of a disability. Even if this behavior is not deliberately meant to be hurtful, it may still count as discrimination if the person finds it upsetting.
3.1.1 A boy with multiple sclerosis feels that he is being harassed by his teacher who constantly asks him if he is feeling alright, even though his parents have asked him not to do this in front of the other boys. The teacher might think he is being kind and has no intention of hurting or humiliating him, this could still count as harassment if the boy finds it distressing.
4 victimisation
4.1 If someone complains about disability discrimination, they shouldn’t be victimised because of it. This means that they shouldn’t be treated unfairly just because a complaint has been made. Making a complaint includes taking a case to court, going to an employment tribunal or standing up for your rights in some other way. Legal protection is available if the individual feels victimised due to the fact a complaint about disability discrimination has been made. Legal protection is also availed from discrimination for helping someone else to make a complaint about discrimination, for example, by giving evidence as a witness in court.
4.1.1 A mentally disabled man sues a pub owner because he was constantly making hurtful remarks about his disability to other customers. Because of this, the pub owner bars the man from the pub altogether. This would be victimisation.
5 meeting the needs
5.1 working environment: The DDA requires employers to implant sufficient policies to ensure that workers' medical conditions do not obstruct their professional opportunities. This can be done by making amendments to their working environment such as equipment e.g. lowering desk heights, chairs etc.
5.2 The DDA requires that schools implement practical disability equality programs that provide legal guidance to the service providers in order to fulfill the needs of all students that as a result creates an broad learning environment that promotes a diversity and enhances the academic experience. E.g. lowering hand railings, decreasing the heights of step and door handles and inserting lifts around schools.
5.3 Meeting the needs of a blind person: amending a “no dogs” policy to allow a disabled person accompanied by a guide dog to enter the premises.

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