This essay will look at whether the Equality Act 2010 legislates more effectively on disability discrimination than the Disability Discrimination Act 1995.
I think it is important to go back to the beginning and recognise when legislation was introduced that started to change the lives of disabled people. In 1970 the Chronically Sick and Disabled Persons Act was introduced. This was a ground breaking act, and the first of its kind in the world, it was the first to recognise and give rights to people with disabilities. This Act was introduced by Alfred Morris MP, (labour) (later to become Baron Morris of Manchester) who said "I regarded it as the most neglected area of social policy." In 1974 he became Britain’s first Minister for the Disabled.
…show more content…
The EQA included associative disability discrimination because of the European Court of Justice decision in (Coleman V Attridge Law [2008] EUECJ C- 306/06).
The inclusion into the EQA of associated disability discrimination is sensible, why? From a young age we all have hopes and expectations, leaving school, going to college, finding a job, getting married and raising a family. However, for many people life does not work out as they hoped. By a quirk of fate or by accident life can be turned upside down, and a family member ends up disabled.
More people become disabled than were born disabled. ‘Only 17% of disabled people were born with their disability, the majority acquired their disability in later life’.(Institute for Public Policy Research article Work for Disabled People.) Incomes need to earned to support disabled dependants. ‘Disabled people’s day to day living costs are 25% higher than those of non-disabled people’. (Leonard Cheshire Report: Disabled people live in poverty 2008.) ECJ judgement in the case of (Coleman V Attridge Law [2008] EUECJ C- 306/06). is such an important inclusion in the
…show more content…
Ms Coleman, who was the childs primary carer, was refused flexible working that was offered to colleges without disabled children. When the case went before the ECJ it looked at the equal treatment frame-work directive with which our domestic legislation has to comply, and it said, that there is nothing in the directive (2000/78) limiting protecting people who are themselves disabled. ‘When read, the DDA definition of direct disability, discrimination that clearly does limit it to be discriminated against because of their disability’. The ECJ interpretation is supported by the wording of Article 13 EC, which constitutes the legal basis of Directive 2000/78 and which confers on the community the competence to take appropriate action to combat discrimination based, inter alia, on disability. When the case went back to the Employment Appeal Tribunal (EAT) it did actually construe the Disability Discrimination Act to include associative discrimination in what was a controversial decision. An individual whose partner or child is disabled is now protected from disability discrimination by association. Also it will mean when an employer is recruiting, if they don’t offer somebody a job because the candidate has a disabled child or partner, that would be less favourable treatment
The Disability Discrimination Act of 1995 set out to end the discrimination people with disabilities encounter. The Act gave disabled people the right to employment, access to goods, facilities, and services and the right to buy and rent land and property. These rights came into force in December 1996, making treating a disabled person less favorably than an able-bodied person unlawful. Further rights came into force in October 1999, including the idea that service providers should consider making reasonable adjustments to the way they deliver their services so that people with a disability can use them. (The DDA...) However, despite these
It prohibits discrimination on the basis of real or perceived physical or mental disabilities. Many observers have termed it as the most important legislation against discrimination after the Civil Rights Act of 1964. In fact, this legislation is seen as the outcome of that historic legislation. However, its impact and implications has proven to be more controversial than the highly regarded Civil Rights Act. Businessmen and private firms in particular have been against this legislation for the very start because they believe that it brings in unnecessary burden upon the firms. It is not financially feasible for them to hire individuals with disabilities and they see problems with prohibition of questions like ‘what can you bring to this organization?’ In fact, there have been some studies that concluded that this Act has led to higher unemployment rates among people with disabilities. For example, in 2001, a Current Employment Survey found a sharp drop in the employment of disabled workers. It appears that when economic conditions worsen, people with disabilities are the first ones to be axed from
Disabled people have been discriminated through time. They have been played as Jesters for entertainment, banished as havens for evil spirits, and massacred simply for being different. They have been subject even to sterilization, seen as people unfit to breed. We are forced to ask ourselves- why then, does it matter?
...upport him and he would fall frequently”. They also stated that Bradley was “very wide when using his crutches, making him an obstacle to other people.” The EEOC’s expert stated Bradley would not pose a threat if using a wheelchair. Wal-Mart never explained whether or not a wheelchair would pose a threat. Wal-Mart’s expert witness admitted Bradley would be more stable in a wheelchair, and would be less of a threat than if he were on crutches. After Wal-Mart attempted to prove a “direct threat” defense, The Eighth Circuit court held that Wal-Mart still failed to prove that Bradley was a direct threat to the safety of himself, or others, and reversed the grant of summary judgment by the district court. The court’s opinion in this case went by the same reasoning as most courts that “direct threat” is an affirmative defense that the defendant-employer must prove.
Everybody wants a fair chance to succeed in life, but discrimination means that some people are denied opportunities or are treated badly because of their disability. This treatment is unjust, unnecessary and against the law. We all should be aware of how and where disability discrimination
The Disability Discrimination Act is an act which came into practice in 1995. It made discriminating against people who have a disability illegal, for example, employment (Disability Discrimination Act, 1995). This was known to be one of the first
Quite interestingly, disability as a justification for inequality is a customary, satisfactory, valid and acceptable ground for differences in treatment that people generally recognize even ...
O'Brien, Ruth. "Two Horns of a Dilemma: The Americans With Disabilities Act." Crippled justice: the history of modern disability policy in the workplace. Chicago: The University of Chicago Press, 2001. 162-205. Print.
As stated by the founding fathers of America “All men are created equal.” Black, white, brown, short, tall, smart, and dumb, all are created equally. Therefore every person deserves fair judgement. Unfortunately, it is a profound fact that not everyone is born normal and capable of task typical for a common person, who is free from disability. In my opinion, the quote “All men are created equal” serves to promote a friendly environment that helps encourage equality among people and aids to recognize the similarities rather than the differences that separates men. Even so, with this hope, the disabled community still struggles for equality. According to Legal Rights by the National Association of the Deaf (NAD), “Almost 10 percent of all American have some kind of hearing loss. These ten percent suffer from unfair treatment from professional, social and government service providers, including court and police” (NAD 1). Obviously, because deaf and hard of hearing have limited hearing, their communication and social skills are below the expectation of a common hearing person. Thus, most of these people are ignored, neglected, and discriminated against. However, as a citizen protected by the American with Disabilities Act (ADA), deaf and hard of hearing individuals deserve equal rights and must be accommodated for as a disabled person.
When one talks about disability, the negative attitude towards it comes to mind. In an overview provided by Riddell and Banks (2001) in Scotland, discrimination is greatly experienced by people with disability.... ... middle of paper ... ...
This is the underlying theme in the essays “Disability” by Nancy Mairs, “Why the Able-Bodied Just Don’t Get it” by Andre Dubus, and “Should I Have Been Killed at Birth?” by Harriet Johnson. In the essay “Disability,” Nancy Mairs discusses the lack of media attention for the disabled, writing: “To depict disabled people in the ordinary activities of life is to admit that there is something ordinary about disability itself, that it may enter anyone’s life.” An ordinary person has very little exposure to the disabled, and therefore can only draw conclusions from what is seen in the media. As soon as people can picture the disabled as regular people with a debilitating condition, they can begin to respect them and see to their needs without it seeming like an afterthought or a burden.
Handicapped individuals are usually seen as a nuisance within a society and the healthcare system has left them with unmet needs. In efforts to revert this issue policies have been enacted to try to make healthcare more accessible, such as The American Disability Act (ADA). This bill was passed with the intentions to help eliminate discrimination against individuals with disabilities in all areas of life, Which was aimed to prevent denial of access in public places, such as jobs, schools, transportation. Although some Americans believe we have done all we can by passing the ADA back in 1990, others have expressed the urgency of furthering policies that can provide those in need with fair access to health care, because the ADA alone has inadvertently
As most people know, Saudi Arabia is one of the most if not the most conservative country in the world, and the only country that prevents women from the right of driving. However, things are about to change as a group of activists launched a campaign called "October 26 driving". Basically, this campaign encourages all women to just get in the car and drive on October 26th. This campaign has started a huge debate whether women should drive in Saudi Arabia or not.
Every day in America, a woman loses a job to a man, a homosexual high school student suffers from harassment, and someone with a physical or mental disability is looked down upon. People with disabilities make up the world’s largest and most disadvantaged minority, with about 56.7 million people living with disabilities in the United States today (Barlow). In every region of the country, people with disabilities often live on the margins of society, deprived from some of life’s fundamental experiences. They have little hope of inclusion within education, getting a job, or having their own home (Cox). Everyone deserves a fair chance to succeed in life, but discrimination is limiting opportunities and treating people badly because of their disability. Whether born from ignorance, fear, misunderstanding, or hate, society’s attitudes limit people from experiencing and appreciating the full potential a person with a disability can achieve. This treatment is unfair, unnecessary, and against the law (Purdie). Discrimination against people with disabilities is one of the greatest social injustices in the country today. Essential changes are needed in society’s basic outlook in order for people with disabilities to have an equal opportunity to succeed in life.
Disability: Any person who has a mental or physical deterioration that initially limits one or more major everyday life activities. Millions of people all over the world, are faced with discrimination, the con of being unprotected by the law, and are not able to participate in the human rights everyone is meant to have. For hundreds of years, humans with disabilities are constantly referred to as different, retarded, or weird. They have been stripped of their basic human rights; born free and are equal in dignity and rights, have the right to life, shall not be a victim of torture or cruelty, right to own property, free in opinion and expression, freedom of taking part in government, right in general education, and right of employment opportunities. Once the 20th century