Disability Discrimination Act

Many small businesses may be woefully unaware of the impact of the changes the Disability Discrimination Act imposes on them. Specifically the biggest change for many will be the removal of the small-business exemption for employers with fewer than 15 employees.

“You need to treat people differently in order to treat them fairly” is the mantra of the Employers’ Forum on Disability. This is never so evident in some of the other main changes summarized as follows:

• Removal of the justification defence in respect of a failure to make reasonable adjustments because of material or substantial factors.
• Change in the burden of proof where, if an employee establishes facts from which discrimination could be inferred, it would be up to the employer that this was not the case.
• Clarification that less favourable treatment is not justifiable where the reason for that treatment is an individual’s disability.
• Extension of acts of protection of acts of discrimination in certain circumstances beyond the end of the employment relationship.
• Prohibition of harassment based on disability.

In subsequent editions we will monitor the progress of future expected changes. Eg, greater protection is expected to be afforded to those suffering from mental health which may prompt more claims.