Disability Discrimination - At a Glance
Regulations in respect of Disability Discrimination have been passed by the States Assembly and will be effective from 1 September 2018.
Someone has a disability if: They have one (or more) long term physical, mental, intellectual or sensory impairment or disfigurement and the adverse affect of the impairment means that a person is unable to engage or participate in any activity covered by the Discrimination Law.
Long Term Impairment: Is one lasting 6 months or more or for rest of individual's life
Direct Discrimination: A person who does not have a disability at all or does not have the same particular disability cannot argue less favourable treatment against some who does have a (different) disability.
Associated with … Regulations prevent a disabled person being treated less favourably because of something linked to their disability but not because of the disability itself and such treatment cannot be shown to be a proportionate means of achieving a legitimate aim. Example: an assistance dog in a restaurant but not at a chef's table in the actual kitchen.
Reasonable Adjustments where substantial disadvantage:
At no cost to the disabled person;
Physical feature of premises - steps to be taken to consider such adjustments over the next two years as opposed to Day 1;
Provision of an auxiliary aid or service;
Provisions, criterion and practices
Change to working hours;
Allowing time off for appointments;
Coloured filters for dyslexia suffers;
Non white paper;
Quiet hour which the Co-Op has introduced
Better spacing between rails in clothing shops
However: Any adjustments required by a business will only need to be undertaken when the need arises ie a business does not have to make a raft of changes 'just in case' they have someone with a specific disability. This is not about completely future proofing for all eventualities, but steps need to be taken for any such adjustments before 2020.
Consideration of Reasonable Steps: There will not be a prescribed list of reasonable adjustments and no 'auditor' will be appointed to oversee such adjustments, but should the matter come before the Tribunal they will need to take into consideration:
The extent the substantial disadvantage was reasonably foreseeable;
The proportionality of any steps taken;
The costs and practicalities of such steps;
Nature of and size and administrative resources available to the employer;
General Data Protection Regulation
Sign up for email updates
Interested in receiving new bulletins from JACS? Sign up now for our latest updates by email