Discrimination
Experiencing discrimination
This page will identify different types of discrimination and list sources of help for further reading.
Disabled people often do not get fair treatment in life. The Discrimination Act aims to end the discrimination which many disabled people face in their life. The Disability Rights Commission works to secure full civil rights for disabled people.
If you are disabled or you have a disability the Disability Discrimination Act makes it unlawful for you to be discriminated against in:
- Employment
- Access to goods, facilities, and services
- The management, buying and letting of property
- Education.
This Act was passed in 1995 to introduce new measures aimed at ending the discrimination which many disabled people face in life.
Under the Act discrimination occurs where:
- A disabled person is treated less favourably than someone else
- The treatment is for a reason relating to the persons disability
- The treatment cannot be justified.
It also occurs where:
- There is a failure to make a reasonable judgement
- That failure cannot be justified.
What is a reasonable adjustment?
This is any step that it is reasonable to have to take in any circumstance. These adjustments should ensure that employment arrangements or premises do not put a disabled person at a disadvantage compared to a non-disabled person. An employment tribunal would look at all the circumstances of the case before making a decision as to what constituted reasonable adjustments. The Disability Rights Commission can provide detailed guidance on all of this. They can be contacted on www.drc-gb.org or 0845 7622 633.
Definition of Disability
Based on research around 1 in 5 people of working age are considered by the Government and by Disability Rights Commission to be 'disabled'.
What that means is that they have a disability or a long term health condition that has an impact on their life. People in these circumstances and some others (such as people with facial disfigurement) are likely to have rights under the Disability Discrimination Act.
It is of course important that people have rights – people with all types of physical conditions can be treated unfairly. This is the same for people who have mental health conditions or learning difficulties.
All of us have need for protection against being treated unfairly. They may be considered 'disabled' according to the Disability Discrimination Act but will not use that term in describing themselves. Only 17% of disabled people have been born with a particular complaint therefore most have developed the condition in later life.
The Act then provides disabled people with rights and it also places a responsibility with employers to make sure that all practices are thought through to accommodate the sometimes complex needs of individual employees. Employers are asked to make reasonable adjustments in the workplace. You are also given by the Act legal protection if you feel you have been treated unfairly by an employer.
Access to Public Buildings
The Disability Rights Commission ran a campaign last year to improve disabled people's access to buildings and services and publicised new laws of access that came into force in October 2004.
Employment
Should you wish accurate and up–to-date information on Employment and Disability pertaining to sick leave, sick pay, redundancy, pensions, health and safety, discipline and dismissal then please go to www.drc-gb.org
Equality Direct provides free advice for businesses on equality issues. They can be contacted on 08456 00 34 44.
What is Harassment?
This occurs when one person or a group of people's behavior towards another causes offence. It could also be referred to as bullying. This behavior may take the form of inappropriate stories, jokes etc which are intended to embarrass the individual. Also inappropriate touch, suggestions or demands for sexual favours whether the individual be a man or a woman. Employers can be liable for this behavior if it comes to light. A claim for harassment could be made under the Sex Discrimination Act, Race Relations Act or the Disability Discrimination Act.
More information on harassment can be found at www.homeoffice.gov.uk
What is Victimisation?
An individual may state that they have been victimised if they have suffered unfavorable treatment because they have in good faith taken part in a 'protected activity' under one of the discrimination acts. An example is giving evidence in connection with a discrimination claim brought by another person.
What is Race Discrimination?
Under the Race Discrimination Act it is unlawful in employment to discriminate, either directly or indirectly, on the grounds of race, colour, nationality or ethnic origin.
More information on this can be found by contacting the Commission for Racial Equality on 020 7939 0000 or www.cre.gov.uk
What is Sex Discrimination?
When a person is treated less favourably on account of their sex in relation to recruitment, selection, training, promotion, selection for redundancy etc. For example, when an employer imposes a requirement, condition or practice which few people of one sex can fulfill e.g. a requirement to be above a certain height.
Employers may specify that an employee must be of a certain sex when there is 'a genuine occupational reason'. For example, for reasons of decency in a single sex establishment such as a women's hostel.
You could get more information on this topic by contacting 0845 601 590 or at www.eoc.org.uk
Contacts
Use the contacts below for help or to find out more information. Alternatively, if you need someone to talk to about how you're feeling, call Breathing Space on 0800 83 85 87 between 6pm and 2am. Remember your call is confidential and free.
- The Disability Rights Commission www.drc-gb.org
- The Advisory, Concilliation and Arbitration Service (ACAS) www.acas.org.uk
If you need help right now, visit the Immediate Help page.
