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.
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.
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).
indirect discrimination
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.
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.
harassment
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.
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.
victimisation
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.
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.
meeting the needs
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.
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.
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.