TITLE

New Discrimination Law could affect you

AUTHOR(S)

McCarthy, Jennifer

PUB. DATE

October 2004

SOURCE

Management Services;Oct2004, Vol. 48 Issue 10, p20

SOURCE TYPE

Academic Journal

DOC. TYPE

Article

ABSTRACT

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.

ACCESSION #

14696627

 

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