The first misunderstanding is that the Disability Discrimination
Act is still current. This is not correct. All the requirements of the
Disability Discrimination Act (DDA) are still required, however what has
been changed is that the DDA has been repealed with the Equality Act
2010. The Equality Act is designed to remove barriers to social mobility
and equal opportunities, and help build a fairer society. The Equality
Act brings together over one hundred pieces of equality legislation. It
details disability as a protected characteristic. The Act protects
disabled people from discrimination arising from disability, direct
discrimination, combined discrimination (dual characteristics),
harassment and indirect discrimination.
Secondly, the definition of discrimination has changed. Most people do not discriminate against people with disabilities intentionally. More often, discrimination occurs through lack of knowledge, lack of experience or thoughtlessness. Ideally everyone should be treated the same, however treating everyone the same is not the same as treating people equally. Sometimes we need to acknowledge that people are different and provide services or support to accommodate that difference. This is often referred to as positive discrimination. For example, providing additional support for students with learning difficulties or providing a private area to accommodate people with different religious beliefs are examples of positive discrimination. With the Equality Act, all the previous discrimination legislation still applies and nothing has been removed from the requirements, there have only been additions.
The third misunderstanding is that equality is about treating everyone the same. The Equality Act for disabled access is about giving equal access to facilities and services for everyone regardless of their ability. You should ensure that your buildings are fully accessible. If you do not change anything and treat everyone the same this would not give everyone equal access. The Equality Act has not changed what is meant by discrimination. It has just combined the different circumstances in which discrimination may occur and has given more support to people who have protected characteristics.
Fourthly, the Equality Act isn't relevant to me. The Equality Act covers eight protected characteristics: age, sex, religion or belief, disability, marriage and civil partnership, race, gender reassignment and sexual orientation. The Act protects anyone who currently has or has had a disability. It also protects people who do not personally have a disability from being harassed or discriminated against because of their association with a disabled person. The Act also protects someone who is mistakenly thought to be disabled. The Act is applicable to all service providers in Great Britain; but it does not apply to Northern Ireland. Employers, qualifying bodies, education, public transport and private clubs/associations with 25 or more members are also affected. Under the Act employers, service providers, qualifying bodies and educational sectors are required to make reasonable adjustments and to provide auxiliary aids. If you are in one of these sectors, you will need to plan carefully to ensure that there are no potential barriers that may prevent disabled people using your services or facilities. Reasonable adjustments depend on different circumstances, including the cost of any changes, the benefit resource and how practicable the changes are. Service providers need to plan ahead and minimise barriers that prevent disabled people from using their services. One way to determine barriers is to carry out an access audit.
The fifth and final misunderstanding is, our business is fully compliant with the Equality Act. The Act is anticipatory, and is not something an organisation can be deemed compliant in. Unlike health and safety, where there are explicit standards you are expected to achieve or exceed, for access you have to consider in advance policies, barriers, or procedures which could discriminate against a potential user, and make reasonable adjustments to modify them. Any disabled person can take civil action against an employer in an Employment Tribunal, or service provider, in the County Court, if they feel they have been discriminated against. The consequences for discrimination under The Equality Act 2010 are primarily financial, where compensation is awarded to the claimant (without a maximum penalty), but in practice the moral and reputational damage that would also result may be of more concern.
Secondly, the definition of discrimination has changed. Most people do not discriminate against people with disabilities intentionally. More often, discrimination occurs through lack of knowledge, lack of experience or thoughtlessness. Ideally everyone should be treated the same, however treating everyone the same is not the same as treating people equally. Sometimes we need to acknowledge that people are different and provide services or support to accommodate that difference. This is often referred to as positive discrimination. For example, providing additional support for students with learning difficulties or providing a private area to accommodate people with different religious beliefs are examples of positive discrimination. With the Equality Act, all the previous discrimination legislation still applies and nothing has been removed from the requirements, there have only been additions.
The third misunderstanding is that equality is about treating everyone the same. The Equality Act for disabled access is about giving equal access to facilities and services for everyone regardless of their ability. You should ensure that your buildings are fully accessible. If you do not change anything and treat everyone the same this would not give everyone equal access. The Equality Act has not changed what is meant by discrimination. It has just combined the different circumstances in which discrimination may occur and has given more support to people who have protected characteristics.
Fourthly, the Equality Act isn't relevant to me. The Equality Act covers eight protected characteristics: age, sex, religion or belief, disability, marriage and civil partnership, race, gender reassignment and sexual orientation. The Act protects anyone who currently has or has had a disability. It also protects people who do not personally have a disability from being harassed or discriminated against because of their association with a disabled person. The Act also protects someone who is mistakenly thought to be disabled. The Act is applicable to all service providers in Great Britain; but it does not apply to Northern Ireland. Employers, qualifying bodies, education, public transport and private clubs/associations with 25 or more members are also affected. Under the Act employers, service providers, qualifying bodies and educational sectors are required to make reasonable adjustments and to provide auxiliary aids. If you are in one of these sectors, you will need to plan carefully to ensure that there are no potential barriers that may prevent disabled people using your services or facilities. Reasonable adjustments depend on different circumstances, including the cost of any changes, the benefit resource and how practicable the changes are. Service providers need to plan ahead and minimise barriers that prevent disabled people from using their services. One way to determine barriers is to carry out an access audit.
The fifth and final misunderstanding is, our business is fully compliant with the Equality Act. The Act is anticipatory, and is not something an organisation can be deemed compliant in. Unlike health and safety, where there are explicit standards you are expected to achieve or exceed, for access you have to consider in advance policies, barriers, or procedures which could discriminate against a potential user, and make reasonable adjustments to modify them. Any disabled person can take civil action against an employer in an Employment Tribunal, or service provider, in the County Court, if they feel they have been discriminated against. The consequences for discrimination under The Equality Act 2010 are primarily financial, where compensation is awarded to the claimant (without a maximum penalty), but in practice the moral and reputational damage that would also result may be of more concern.
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