Buro Happold
Disability Discrimination Act (s)
Neil Smith - Head of Inclusive Design
1. the broad issues of the DDA in context to
supply of goods and services
2. how people are affected by poor access
3. what might constitute a reasonable
adjustment under the DDA
4. who is responsible for enforcement
5. small and easily achievable changes
What does the Act require people to do?
The Act requires that
• employers
• service providers
• those selling or letting land and property
• educational bodies
should not discriminate against disabled people.
What is discrimination?
Discrimination occurs when a disabled person is treated less
favourably than someone else for a reason relating to their disability
Discrimination also occurs when failure to comply with the duty to
make ‘reasonable adjustments’ in relation to a disabled person
happens, and it cannot be shown that the failure is justified.
The definition of disability - Part 1
It is estimated that about 20 percent of the adult population - about
10 million people - are covered by the provisions of the Act.
Part 2 of the DDA - Employment duties
• in force since December 1996
• made it unlawful to unjustifiably discriminate
against disabled people in relation to recruitment
and employment
• reactive, not an anticipatory duty to existing and
potential recruits
Part 3 of the DDA Service provider duties
Duties are anticipatory, evolving and continuous
A service provider has a duty to make
reasonable steps to:
• change policies, procedures and practices
• provide auxiliary aids and services
• overcome physical features (barriers to
access)
Which service providers are affected?
The term ‘services’ covers the provision of goods (eg,
goods in a shop) and facilities (for example conference
suite hire).
Services which are provided free (for example access to
a park) or in return for payment (for example a meal in a
restaurant) are all covered.
What is meant by ‘reasonable steps’?
•
•
•
•
effectiveness of measure
practicability
cost
extent of disruption that may
be caused
• extent of resources of
service provider
• amount of resources
already spent on
adjustments
• availability of financial or
other aid
Disability Equality Duty: general duty
Every public authority shall in carrying out its functions
have due regard to the need to:
• promote equality of opportunity between disabled
people and non-disabled people
• take steps to take account of disabled person’s
disabilities, even where that involves treating
disabled people more favourably than other people
Compliance?
A common mistake
The building is DDA compliant
The DDA is civil rights – buildings can’t comply
Who implements the Act?
The DDA is not a policed act
The Act is civil rights legislation
Part 3 is enforcement via the county courts by individuals
Questionnaire procedure
The DDA already provides for questionnaires to be used
in employment tribunal proceedings and under Part 3
(provision of services)
This enables applicants to obtain information about the
circumstances of any discriminatory treatment prior to a
claim being issued.
This will enable disabled people to determine whether
or not to take a claim, and in addition, may often
promote early settlement of claims.
Reasonable adjustments - attitudes
approach, parking, arrival, circulation, facilities, task lighting, heating, noise, comfort,
meeting spaces, security features, refreshment, toilet facilities, storage, computers,
telephones, orientation, ironmongery, vision panels, manifestations, closers, holdbacks,
automatic openers, mats, power assisted openers, security, locks, keypads, access
controls, heights and colour contrast, windows, handles, glare, blinds, curtains, soft
furnishings, clocks, information systems, switches, sockets, fixing heights, reaching
distances, lecterns and controls, adjustments, screens, location visibility, sound assistive
systems, spaces for signers, lip speakers, video displays, notice boards, lighting, air
conditioning, reflection, shadows, emergency lighting, exterior lighting, daylight, heating,
ventilation, temperature control, background noise, vibration, décor materials and flooring,
textures, colour contrast and acoustic properties, furniture design, location, handles, seat
design, division bell, emergency alarms (visual and audible), video phones, text phones,
public phones, storage kitchen, archives, filing, shop layout, display, price display,
restaurant, food display, menu display, vending machines, toilets and showers, alarm
location, flush handles, paper towel provision, sanitary vending/disposal, room numbering,
visitors book, complaints, comments, art, labelling lighting, tactile displays, plants and
landscaping, textures/tactile warnings, bollards, lighting, crossings, bus stops, transport
systems, route display, assistance dog provision, loan wheelchairs, charging points for
powered wheelchairs, signage, Braille signs, refuge signs, exit routes, emergency egress,
security searches, metal detectors, guided tours, building information in printed and other
accessible formats, management and maintenance
approach, parking, arrival, circulation, facilities, task lighting, heating, noise, comfort,
meeting spaces, security features, refreshment, toilet facilities, storage, computers,
telephones, orientation, ironmongery, vision panels, manifestations, closers, holdbacks,
automatic openers, mats, power assisted openers, security, locks, keypads, access
controls, heights and colour contrast, windows, handles, glare, blinds, curtains, soft
furnishings, clocks, information systems, switches, sockets, fixing heights, reaching
distances, lecterns and controls, adjustments, screens, location visibility, sound assistive
systems, spaces for signers, lip speakers, video displays, notice boards, lighting, air
conditioning, reflection, shadows, emergency lighting, exterior lighting, daylight, heating,
ventilation, temperature control, background noise, vibration, décor materials and flooring,
textures, colour contrast and acoustic properties, furniture design, location, handles, seat
design, division bell, emergency alarms (visual and audible), video phones, text phones,
public phones, storage kitchen, archives, filing, shop layout, display, price display,
restaurant, food display, menu display, vending machines, toilets and showers, alarm
location, flush handles, paper towel provision, sanitary vending/disposal, room
numbering, visitors book, complaints, comments, art, labelling lighting, tactile displays,
plants and landscaping, textures/tactile warnings, bollards, lighting, crossings, bus stops,
transport systems, route display, assistance dog provision, loan wheelchairs, charging
points for powered wheelchairs, signage, Braille signs, refuge signs, exit routes,
emergency egress, security searches, metal detectors, guided tours, building
information in printed and other accessible formats, management and maintenance
Buro Happold
Neil Smith - Head of Inclusive Design
neil.smith@burohappold.com