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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

Could include:                                                 

Change to working hours;

Allowing time off for appointments;      

Desk orientation;

Larger screen;

Coloured filters for dyslexia suffers;

Adapted telephones;

Ergonomic mouse/keyboards;

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;

 

June 2018

 

GDPR

General Data Protection Regulation