DISABILITY DISCRIMINATION

Disability Discrimination

Disability Discrimination

Introduction

Discrimination in England and Wales is recognised as the act of treating someone less favourably on unjustifiable grounds. The laws of discrimination in England and Wales was introduced in the 1970's and updated in the 1990's to prevent uncontrolled and entrenched prejudicial attitudes and practices. In the 1960's the common law had developed no restrictions on discrimination and while the law itself did not discriminate, they failed to prevent discrimination against individuals. Legislation on race, sex and later, disability discrimination was introduced to protect individuals, as well as bodies such as the equal opportunities commission and commission for racial equality, and Article 14 of the convention of the human rights Act 1998(Oliver, 2003).

The discrimination laws were developed to include the Sex discrimination Act 1975, the Race Relations Act 1976 and the Disability discrimination Act 1995. Both acts have the common purpose pf eradicating discriminatory practices, and make it a tort apposed to a criminal offence. If individuals feel their rights have been breached they can bring an action in an employment tribunal or in the county court.

Why there is discrimination based on disability?

Disabled people are more likely to get discriminated in society. “Discrimination is term we refer to when a person is treated less favourably than another person, because of some of their characteristics such as gender, sex, race and disability”. (www.taswa.org/trm/chapter1/1_1.htm).

Disabled citizens have constantly experienced elevated rates of unemployment than the rest of the populace, not because they are unable to work but because of the biased and unfair attitude of employers, in failing to even attempt to convene their legal obligations towards these individuals, by providing an environment that is user friendly for all individuals regardless of a disability. Many disabled people find it extremely difficult to get jobs as they say a person with a disability is more likely to be underemployed and unemployed due to their disability. “...the unemployment rates for people with disabilities are “five times more than for others” Albrecht, G (2001) pg175. In Britain two thirds of people with a disability do not work. Albrecht, G (2001) discussed a study that was conducted by the government and stated that one half of these individuals expressed an interest in working. Disabled individuals are less probable to get a job, not because they lack the skills or the knowledge required for a job, but because of the discriminatory actions of the employers. Many employers are anxious of recruiting disabled people and often use health and safety reasons as a justification(Morris, 2005).

The DDA Act states that it is prohibited for an employer to differentiate against a person when applying for a job, or during their employment. This includes application forms, for example a disabled person is discriminated in an application process, as if an individual is partially sighted they may not be able to read the application form. There are not many application forms that are available in Braille, hence this amounts to prejudice. Another example is where a person is suffering from dyslexia; ...