Disability and Discrimination Act 2005

By Ainsley Walton and Janet Bull

History Of Legislation

• The Disability Discrimination Act (DDA) of 2005 is an extension of the rights of disabled individuals that were initially provided under the Disability Discrimination Act of 1995. The goal of the DDA is to provide an even playing field for people who are impaired in one or more areas of their lives due to a disability. It applies to many facets of life including employment, education, access to services and residency.

Main Rights

• Extend the DDA 1995 to cover, effectively from the point of diagnosis, people with HIV infection, cancer or multiple sclerosis. (provision)

• End the requirement that a mental illness must be “clinically well-recognised” before it can be regarded as an impairment under the DDA 1995. (provision)

• Make third party publishers (e.g. newspapers) liable for publishing discriminatory advertisements. (protection)

• Amend the way that the DDA 1995 applies to group insurance to clarify the responsibilities of those concerned with its provisions. (protection)

Main Rights

• Introduce for Part 3 of the DDA 1995 (i.e. access to goods and services, public authorities, private clubs and premises) a Questions Procedure similar to that, which already exists in Part 2 (i.e. employment and occupation). (participation)

• Make it unlawful for private clubs with 25 or more members to treat disabled people less favourably. (participation)

• Make it unlawful for local authorities and the Greater London Authority to treat their disabled members less favourably. (protection)

• Clarify where liability falls if police officers discriminate under Part 3 of the DDA 1995. (protection)

Main Rights

• Place a duty on public authorities to promote equality of opportunity for disabled people. (protection)

• Bring functions of public authorities not already covered by the DDA 1995 within its scope. (participation)

• Provide for land based public transport vehicles to be brought within scope of the DDA 1995. (participation)

• Provide for all rail vehicles to comply with rail vehicle accessibility regulations by 1 January 2020, apply accessibility regulations to refurbishment of rail vehicles and introduce certification and enforcement provisions. (participation)

Main Rights• Subject to consultation, formalise recognition of disabled persons’

parking badges issued by other countries. (participation)• Extend the duty of reasonable adjustment, other than in respect of

physical features, to those who let or manage rented premises, and to commonhold premises. (participation)

• Ensure landlords cannot unreasonably withhold consent for a disability-related improvement to certain rented dwelling houses. (provision)

• Extend duties of reasonable adjustment to private clubs with 25 or more members. (participation)

• Extend duties of reasonable adjustment to local authorities and the Greater London Authority in respect of their disabled members. (provision)

Countries Participating

• Australia• Canada• United Kingdom• United States of America• Pakistan

Main purpose of legislation

• Provide access for disabled people to all public buildings and use of facilities within the building.

• To allow disabled people to be able to travel by public transport.

• To promote equality of opportunity for disabled people.

How legislation influences work place practice

• To adapt the workplace so its accessible to people of all disabilities.

• It ensures equal opportunities in the work place.

How legislation influences children and young peoples rights

• Schools and nurseries are adapted so they are suitable for children of all disabilities.

• Relevant support is provided for the child with learning difficulties.