|
Your
rights under the law
The Disability
Discrimination Act
What
is it?
The
DDA 1995 aims to reduce discrimination against disabled people
in the workplace when using goods and services
The
act defines a disabled person as someone with an impairment
that has an adverse and long term effect on their ability
to carry out day to day activities. This includes deaf people
if your hearing loss has an adverse effect on your daily life.
Guidance says that you are disabled if you cannot "hear
and understand anyone speaking clearly over the telephone"
or "cannot hold a conversation with someone speaking
in a normal voice in a moderately noisy environment."
Service
providers must make reasonable adjustments to what they do
from October 1999 and to their premises from 2004. They cannot
discriminate against a deaf person in the delivery, standards
or terms of the service just because they are deaf.
As a service provider you must make adjustments to your goods
or services to give deaf and disabled people access to them.
In other words, you must make reasonable steps to make sure
that deaf and disabled people can make full use of anything
you offer the public.
Who
is a service provider?
Examples
include:
- Leisure
and entertainment facilities
- Banks,
building societies and insurance companies
- Shops,
hotels and restaurants
- Local
authorities and Government departments
- Libraries
- Advice
agencies and solicitors firms
- Police
stations and courts of law
- Health
and medical services
- Places
of worship
Transport,
education services and private clubs are not classed as service
providers and taxis and public transport have different rules.
Schools and higher education institutions must account for
the needs of disabled students and publish reports on what
they do.
What
might be provided?
What
the "reasonable adjustment" is depends on the type
of goods or services on offer, the customers deafness and
their preferred way of communicating. It may mean:
- Putting
brochures into plain English
- Providing
written information
- Speech
to text reporters
- Non-permanent
loop system
- Textphones,
telephone amplifiers and inductive couplers
- Teletext
displays
- Videos
with sign language interpretation
- Information
on a computer screen
- Accessible
websites
- Subtitles
on videos
- Visual
fire alarms or telephones
- Qualified
interpreters or lipspeakers.
You
need only to take reasonable steps to make adjustments. What
is reasonable for a big business will be different from a
small shop. If the adjustment is too disruptive or impractical,
it is not reasonable.
Who
pays?
Reasonable
adjustments are part of the service providers expense. You
cannot charge deaf and disabled people more for services than
you charge people who are not disabled.
When
can you discriminate?
If
a reasonable adjustment would create a health and safety risk
for the deaf person.
If the customer is legally incapable of entering into or consenting
to an enforceable contract.
If providing the service to the deaf person makes it impossible
to provide the service to others.
What
happens if you do not comply?
A
deaf person who has been treated unfavourably may take action
through the courts. If they are successful in their claim,
the court will have the power to award damages including legal
costs and an injunction to prevent further acts of discrimination.
For further
information, contact:
The
Human Rights Act
Fifty
years ago Britain gave basic liberties and human rights to
the European convention but you could only claim that an injustice
had happened by taking it to Strasbourg. Now you
can do it here in England. The new law affects basic rights
and freedoms including the right to an interpreter in certain
situations.
Whose
behaviour does it cover?
The
government, courts, the council, police and prison, trains,
schools and charities cannot act unlawfully. You cannot use
it against individual people.
What
are they?
Part
2. The right to life. For example, people may be refused
life saving treatment because they are disabled.
Part
3. No torture, degrading treatment or punishment. For
example, social services may fail to prevent abuse and neglect.
Part
4. No slavery or forced work. You have the absolute
right not to be forced to work.
Part
5. The right to liberty (freedom) and security. For
example if you are deaf or disabled, you may have difficulty
defending a case. Or having access to the courts via a solicitor.
Part
8. The right to respect for private and family life,
home and letters. For example you may not give your consent
to treatment.
Part
10. The right to freedom of expression. For example,
information needs to be understandable.
Part
11. The right to freedom of peaceful assembly. For example,
if you take part in a demonstration you may be badly treated
by the police.
Part
12. The right to marry and have a family.
Part 14. No discrimination
How
do you use it?
Make
a direct claim to the organisation. Contact the Disability
Rights Commission or RNID, your local advice centre or solicitor.
|
