These pages do not apply outside the United Kingdom.

The DDA in Outline

Who is covered?

The Disability Discrimination Act 1995 (the DDA) protects a "disabled person" against discrimination in various fields. Broadly, the person must have a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.

A stammer falls within this definition provided it has the required adverse effect, and many stammers will do so. The test is not difficult to meet. Hidden effects can also be relevant, and there are various more detailed rules which may help..

For more, see Is the stammer a disability?.

Employment

Employers are not allowed to treat disabled people less favourably unless they can show they are justified in doing so. 'Direct discrimination' cannot be justified. The rules apply not only to recruitment but also to such things as promotion, training, and dismissal.

Another vital aspect of the rules is the employer's duty to make reasonable adjustments to accommodate a disabled person. Harrassment and victimisation are also covered.

For more, see Employment.

Trade organisations

This covers bodies such as trade unions, employers organisations and professional institutions.

These are not allowed to discriminate against potential or actual members in various ways. I do not deal with the general rules further on the web site but the Code of Practice: Trade Organisations and Qualifications Bodies (Oct 2004) is available on the internet. It has examples specifically about speech impairments at paras 5.12 (mentoring) and 7.13 (written interview instead of oral).

I do have a page though on the rules prohibiting disability discrimination in relation to trade and professional qualifications. This affects bodies such as the General Medical Council, Law Society, Public Carriage Office or CORGI.

Provision of goods and services

Shops, businesses, local authorities, and pretty much anyone else providing goods, services and facilities to the public are prohibited from discriminating against disabled people. This applies even if the services are provided for free.

The justification defence is less likely to apply than with employment, . So for example it would not normally be permissible for a business to put the phone down on you, or to refuse to listen to you (probably even if there is queue behind) just because you are taking a long time getting out what you want to say.

The main exception relates to some aspects of transport.

For more, see Provision of goods and services.

Education

Schools and post-16 education providers are obliged not to treat disabled people less favourably without justification and (to a significant extent) have to make reasonable adjustments. Some post-16 providers (eg private providers) are likely to fall within the goods and services rules (above) instead.

The education rules can extend to examinations and assessments, and to non-educational aspects of school or college life. For schools, the special educational needs (SEN) framework is important as well as the DDA. There are special rules for trade/professional qualification bodies, and general exam boards will also come within the DDA from September 2007.

For more, see Education.

Selling, letting or managing premises

Landlords and other persons are not allowed to discriminate against disabled people in various ways as regards the selling, letting and managment of accommodation and other premises.

I do not deal with this further on the web site but it is dealt with, along with goods and services, in the Code of Practice: Rights of access: Goods, Facilities, Services and Premises dated 2002.

The Disability Rights Commission

The Disability Rights Commission (www.drc-gb.org) was launched in 2000. It is an organisation with teeth on a par with the Equal Opportunities Commission and the Commision for Racial Equality. It has a helpline on 08457 622 633. It is soon to be merged into a Commission for Equality and Human Rights.

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