New Discrimination Law could affect you

McCarthy, Jennifer
October 2004
Management Services;Oct2004, Vol. 48 Issue 10, p20
Academic Journal
This article discusses changes in the employment provisions of the Disability Discrimination Act (DDA) 1995 in the U.S., effective October 15, 2004. Larger companies have been affected by the employment provisions of the DDA since it came into force in 1996. However, the DDA has now widened its remit to apply to all companies, regardless of size. Therefore, smaller companies are now included for the first time. These changes will have a huge impact and affect the way that companies treat staff and job applicants. Changes have also been implemented for all companies who provide goods or services to the public. Companies are now required to make reasonable adjustments to physical barriers that may prevent disabled people from using their services. It will now be against the law to discriminate against employees or job applicants who have a disability or who have been disabled in the past. This covers discrimination in connection with recruitment, terms and conditions of employment, promotion, training, dismissal, or subjecting him or her to any disadvantage. Discrimination would not be unlawful if the actions of the employer could be objectively justified. This test is only satisfied in limited circumstances; one obvious example being not to offer a driving job to someone with a severe visual impairment. A disability is defined in the DDA as a physical or mental impairment, which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. Therefore, trivial or less serious conditions are not covered. Also, conditions such as alcohol or drug addiction, hay fever and self-disfigurement are specifically excluded. In some circumstances, a person is defined as having a disability if they are diagnosed with a degenerative condition, even if they are not yet suffering from the symptoms of that condition.


Related Articles

  • RECENT DEVELOPMENTS IN EMPLOYMENT LAW. Pope, Lucetta D. // Indiana Law Review;2006, Vol. 39 Issue 4, p925 

    The article discusses the developments in the employment law in Indiana based on a survey from October 1, 2004 to September 30, 2005. It addresses issues concerning Age Discrimination in Employment Act. The supreme court has interpreted Title IX of the Education Amendments of 1972 which...

  • Disability -- how far should the DDA go? Fuge, Adam // Personnel Today;5/6/2008, p9 

    The article comments on the scope of protection under the Disability Discrimination Act 1995 (DDA) for protecting employers and employees referring to a ruling by Glasgow employment tribunal that baldness is not a disability. The lack of clarity that remains in determining whether an individual...

  • Willing and disabled. Fisher, Christopher // Lawyer;9/27/2004, Vol. 18 Issue 37, p26 

    Examines disability discrimination in employment cases that are of relevance to small businesses in Great Britain. Provisions of the Disability Discrimination Act applied to the cases; Issues on employers' reasonable adjustment obligation; Workplace adjustments required to meet the needs of...

  • Employment.  // Accountancy;Jun2001, Vol. 127 Issue 1294, p89 

    Presents legal matters related to employment in Great Britain. Interpretation of the word 'sex' in the Sex Discrimination Act 1975 by the Employment Appeal Tribunal in Scotland; Changes of regulations on the rights of disabled employees; Rejection of annual leave provisions by the European...

  • Disability discrimination - reasonable adjustments. Berry, Mike // Personnel Today;12/7/2004, p39 

    This article reports that under the Disability Discrimination Act 1995, section 4A (1), of Great Britain, where a disabled person is disadvantaged by a provision, criterion or practice applied, or by a physical feature of an employer's premises, the employer has a duty to make reasonable...

  • Hospitality not ready as DDA compliance deadline approaches. Lewis, Mark // Caterer & Hotelkeeper;11/6/2003, Vol. 192 Issue 4298, p6 

    Assesses the inability of the British hospitality industry to comply with the changes to the Disability Discrimination Act, which is due in October 2003. Steps that businesses in the industry should take to make them disability-friendly; Figures concerning disabled employees in the country;...

  • NEW RIGHTS HIT THE TABLE. Dineley, Rachel // People Management;6/26/2003, Vol. 9 Issue 13, p17 

    Deals with employee discrimination laws in Great Britain as of June 2003. Challenges posed to human resource professionals; Overview of working policy in the region; Recommendations.

  • Make sure managers know laws against employee discrimination.  // HR Specialist: New York Employment Law;Nov2010, Vol. 5 Issue 11, p6 

    The article offers information on various U.S. labor laws against discrimination at workplace. It says that the Age Discrimination in Employment Act prohibits one to discriminate employees or applicants aged 40 and above when making management decisions while the Civil Rights Act makes race...

  • LEGAL CHECKLIST.  // People Management;2/12/2009, Vol. 15 Issue 4, p33 

    The article discusses several court cases in Great Britain. In HM Land Registry versus Wakefield, request for disability adjustment does not create obligation to comply Wakefield was disabled because of its stammer. In UCATT versus Amicus, council employees who were transferred under Tupe to a...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics