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Disability Discrimination

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Disability Discrimination
Disability Discrimination Act 1995 in the workplace and its effect on employment

Introduction

The act was introduced with the view to eliminate discrimination amongst disabled people in employment, throughout the assignment I will critically analyse the different areas of the Disability Discrimination Act 1995 and find out what effect they have had on disabled people in employment.

Definition of disability

A disabled person is someone who has a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry out normal day to day activities (section 1 (1) DDA 1995). The disability discrimination act 1995 was introduced to outlaw discrimination against disabled employees in the UK and covers prospective, current and former employees, whether full-time, part-time or temporary. The legislation also included an obligation on the employer to make reasonable adjustments the workplace where a disabled person is placed at a substantial disadvantage compared with people who are not disabled (Pitt, 2006). Examples of the types of disability the act covers could be; cancer, diabetes, multiple sclerosis, heart conditions, hearing or sight impairments, mobility difficulties, mental health conditions or learning difficulties (Equality and Human Rights Commission). With the introduction of this act disabled people now have rights in employment and other areas (Sargeant and Lewis, 2006). It is now unlawful to treat a disabled person less favourably than another person without a disability, unless the employer can justify less favourable treatment (Pitt, 2006).

Direct discrimination

Direct discrimination occurs when a person is treated less favourably than someone else. This could be on the grounds of their disability than the employer treats or would treat someone without that disability whose relevant circumstances (including their abilities) are the same or not materially different from those of the disabled person (DDA,

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