The Disability Discrimination Act (DDA) makes it unlawful to discriminate against disabled people, or people who have had a disability, in a number of areas including employment, access to goods and services, education and transport.
Requirements for employers
In April 2005 the Act was amended and the definition of disability extended to include, HIV, multiple sclerosis and cancer. There was also a change in the classification for mental illness, which no longer needs to be 'clinically well recognised' to be classed as an impairment.
From 5 December 2006, NHS organisations will have a general duty to actively promote disability equality under the terms of the new Disability Discrimination Act. NHS organisations will also have specific duties to produce a Disability Equality Scheme.
The Act
Employers are required to make reasonable adjustments to physical features of their premises where those features make it impossible, or unreasonably difficult, for disabled people to make use of services. Throughout the DDA, there is great emphasis on taking steps to meet disabled people's needs, even if this requires more favourable treatment.
The DDA covers prospective, current and former employees in NHS organisations whether on a full time, part time or temporary contract. People who are self employed are covered if they have a contract to carry out work personally for an employer. The DDA also covers people who have had a disability in the past.
The DDA relates to all areas and aspects of employment including recruitment, retention, training and development.
In addition, all organisations that provide goods, facilities or services to the public, whether paid for or for free, are covered by the DDA, no matter how large or small they are. Therefore, all NHS organisations are service providers.
Actions to improve services can also have a positive impact on those employed by NHS. For instance, accessibility audits for NHS premises will benefit disabled staff as well as service users
