How You Can Support Us
As a local organisation we very much rely on the support of our local community, and continue to support people flexibly to have greater choice and control and remove the barriers that disabled people and children experience in their everyday lives. We support over 2,000 people every year.; But we need your help.
The Canadian Human Rights Act
The Canadian Human Rights Act of 1977 protects Canadians from discrimination when they are employed by or receive services from:
- the federal government;
- First Nations governments; and
- private companies that are regulated by the federal government like banks, trucking companies, broadcasters and telecommunications companies.
People can turn to the Canadian Human Rights Act to protect themselves against harassment or discrimination that is based on one or more of the 11 grounds of discrimination. The Act prohibits discrimination based upon physical or mental disability.
Standards For Public Accommodations And Commercial Facilities: Title Iii
Public accommodations and commercial facilities must follow the requirements of the 2010 Standards, including both the Title III regulations at 28 CFR part 36, subpart D; and the 2004 ADAAG at 36 CFR part 1191, appendices B and D.;
In the few places where requirements between the two differ, the requirements of 28 CFR part 36, subpart D prevail.;
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Why Is Disability A Human Rights Issue
CRPD Article 19 provides that persons with disabilities have the right to live in the community and to participate in society as equal citizens. Additional human rights violations that occur in institutions including heightened risk of exploitation, violence and abuse and will also be explored in the first section.
Classification Of Reasonable Adjustments In Law
You need to be able to identify the correct type of reasonable adjustment if you make a legal complaint, which is why this matters. The three types are:
Policies, practices and how things are done. Two common examples are permitting assistance dogs into a space which otherwise does not usually allow dogs or enabling disabled people to avoid standing a queue.
Anything about a building or built-environment which causes disadvantage.Examples may be steps or lighting.
Equipment, items or human support.Examples include a sign language interpreter or large print menu.
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What Makes An Adjustment Reasonable
In deciding whether a reasonable adjustment is reasonable an organisation should consider factors such as:
An organisation cannot refuse an adjustment just because they dont want to do it. Ignorance of the law by individuals or the wider organisation is not a justification either.
Annex 1a: Defining Disability In Canada
The Government of Canada does not have a single, official definition of disability . However, it is advisable to consult the definitions of disability used by the World Health Organization and by the United Nations in its Convention on the Rights of Persons with Disabilities.
According to the WHO, disabilities are not defined in terms of specific categories of individuals, but rather as the interactions between people and the societies in which they live. For a complete explanation of the WHO’s approach to disability, please consult the following link:
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Who Is Entitled To Reasonable Adjustments
A disabled person is entitled reasonable adjustments if:
compared to a person without that disability.
This does not mean something has to be completely impossible, it could be difficult, painful, dangerous or very slow.
Sometimes proving disability by DDA or Equality Act standards can be complicated.
How Does A Learning Disability Affect You Emotionally
Much research has demonstrated that students with learning disabilities experience emotional distress related to their difficulties. Students with learning disabilities tend to have higher levels of emotional concerns, such as depression, loneliness, and low self-esteem, than do their peers without disabilities.
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What Are Persons With Disabilities
Persons with disabilities , according the UN Convention on the Rights of Persons With Disabilities, include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with
What Can I Do If I Feel That I Have Been Discriminated Against
The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. Youre disabled under the Equality Act 2010 if you have a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities. For further information on the definition of disability, see the;Equality Act Guidance.
If you feel you have been treated unfairly there a number of steps that you can take. You can speak to an advisor at an advice agency such as your local;citizens advice bureau;or you can call the;Equality Advice Support Service ;who can advise and assist people on issues relating to equality and human rights.
If you need employment advice,;ACAS;provide free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law. You can call their helpline on;.
If you cant sort out the problem at work, you may be able to make a claim to an employment tribunal. You should use the ACAS free;Early Conciliation;service before applying to a tribunal. In most cases the tribunal must receive your claim within three months;of the dispute.
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Reasonableness And Design Standards
9.;This regulation prescribes particular circumstances, for the purposes of paragraph 2 of Schedule 2 and paragraph 2 of Schedule 15 to the Act, in which it is not reasonable for a provider of services, a public authority carrying out its functions or an association to have to take the steps specified in this regulation.
;It is not reasonable for a provider of services, a public authority carrying out its functions or an association to have to remove or alter a physical feature where the feature concerned
was provided in or in connection with a building for the purpose of assisting people to have access to the building or to use facilities provided in the building; and
satisfies the relevant design standard.
;Whether a physical feature satisfies the relevant design standard shall be determined in accordance with the Schedule.
Certain Impairments Are Explicitly Excluded:
- Seasonal allergic rhinitis
- Tattoos and ornamental body piercing
- Various anti-social personality disorders a tendency to set fire to things, physical or sexual abuse, to voyeurism or exhibitionism
- Addictions to alcohol, nicotine or other substances are not covered unless the addiction was originally the result of medical treatment or medically prescribed drugs, e.g. valium or other tranquillisers and sleeping pills
In all other cases, the statutory test applies. This states:
A person has a disability if P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on Ps ability to carry out normal day-to-day activities.
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What Is ‘long Covid’
The National Institute for Health and Care Excellence has defined ‘long Covid’ or ‘Post-Covid 19 Syndrome’ as ‘signs and symptoms that develop during or after an infection consistent with Covid-19, which continue for more than 12 weeks and are not explained by an alternative diagnosis. It usually presents with clusters of symptoms, often overlapping, which can fluctuate and change over time and can affect any system in the body’.;
These symptoms can include, but are not limited to: a cough, breathlessness, fever, palpitations, fatigue, cognitive impairment and joint pain. Although the majority of people infected with Covid-19 recover within a 12-week timeframe, it is estimated that more than one million people in the UK are suffering with prolonged side effects. Employers will therefore be increasingly interested in how to manage this emerging phenomena within the workplace.;;
How Does The Equality Act 2010 Affect Sen Practice In Schools
The Equality Act 2010 protects every individual in Britain.
Under the Equality Act there are nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act makes it unlawful to discriminate, harass or victimise somebody because they have one of these characteristics.
How Is Disability Defined Under the Equality Act 2010?
Under the Equality Act 2010 a person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
A physical or mental impairment includes:
- Learning difficulties
- Hidden impairments such as autism or speech and language difficulties.
What Is a Schoolâs Duty?
Schools are covered under Part 6 of the Equality Act 2010.
Schools must not discriminate against a child by not offering a place or by only offering a place under specific terms and conditions. They must ensure that the child has full access to education, facilities and services. They must not subject âthe pupil to any detrimentâ which means they must not subject the child to any form of disadvantage.
Equality covers all aspects of school life enjoyed by children â teaching and learning, school trips, activities, clubs, etc.
What Is Disability Discrimination?
The Equality Act 2010 defines disability discrimination as:
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Failure To Make Reasonable Adjustments
An employer failing to make reasonable adjustments for a disabled job applicant or employee is one of the most common types of disability discrimination. If adjustments are reasonable, an employer must make them to ensure its workplace or practices do not disadvantage a disabled job applicant or employee already with the organisation.
Employers should ensure they have rules in place to prevent disability discrimination in:
- recruitment and selection
- determining pay, terms and conditions
- sickness absence
Further Information And Useful Contacts
Tel:
Information last updated on 17 December 2020. Please note that information may be subject to change. All information is provided in good faith but Disability Information Scotland does not endorse any product or service referred to within this resource.
If you would like this information guide in another version then please contact us and we will post or email you a copy.
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What Standard Is Required
The best way to satisfy the legal requirement is to have your website tested by disabled users. This should ideally be done through allowing your website to be tested by a group of users with different disabilities, such as motor and cognitive disabilities, blindness and other forms of visual impairment.; Evidence of successful tests by disabled users could be invaluable in the event of any legal challenge over your website’s accessibility.
Charities including RNIB, AbilityNet and Shaw Trust offer testing services to suit a range of budgets . Remember that the results of such tests are likely to require changes to your website – so budget for testing and also further development work.
The World Wide Web Consortium , the international organisation concerned with providing standards for the web, publishes the Web Content Accessibility Guidelines 2.0; which are a good indicator of what standard the courts would reasonably expect businesses to follow to ensure that their websites are accessible in accordance with the EQA.
WCAG 2.0 covers an extensive range of recommendations aimed at making websites more accessible to both users with disabilities as well as users in general. WCAG 2.0 is the successor to the Web Content Accessibility Guidelines 1.0 and was published as a W3C recommendation in December 2008.
While conformance to WCAG should not be your primary goal and it certainly should not be your only goal – it is likely to be the first thing you should check.
Auxiliary Aids Or Services
8.;The following are to be treated as auxiliary aids or services for the purposes of paragraphs 2 to 4 of Schedule 4 to the Act
the removal, replacement or ) provision of any furniture, furnishings, materials, equipment and other chattels;
the replacement or provision of any signs or notices;
the replacement of any taps or door handles;
the replacement, provision or adaptation of any door bell, or any door entry system;
changes to the colour of any surface .
;Paragraph does not include the provision of any item which would be a fixture when installed.
;It is reasonable to regard a request for a matter falling within paragraph as a request for a controller of premises to take steps in order to provide an auxiliary aid or service.
;In paragraph , the controller of premises means
in relation to paragraph 2 of Schedule 4 to the Act, the controller of let premises;
in relation to paragraph 3 of Schedule 4 to the Act, the controller of premises that are to let; and,
in relation to paragraph 4 of Schedule 4 to the Act, the commonhold association.
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Ableism Negative Attitudes Stereotypes And Stigma
An ableist belief system often underlies negative attitudes, stereotypes and stigma toward people with disabilities. Ableism refers to attitudes in society that devalue and limit the potential of persons with disabilities. According to the Law Commission of Ontario:
may be defined as a belief system, analogous to racism, sexism or ageism, that sees persons with disabilities as being less worthy of respect and consideration, less able to contribute and participate, or of less inherent value than others. Ableism may be conscious or unconscious, and may be embedded in institutions, systems or the broader culture of a society. It can limit the opportunities of persons with disabilities and reduce their inclusion in the life of their communities.
Ableist attitudes are often premised on the view that disability is an anomaly to normalcy, rather than an inherent and expected variation in the human condition.;Many in the disability rights movement have pointed out that people without disabilities are merely temporarily able-bodied. As one author writes,
veryone is subject to the gradually disabling process of aging. The fact that we will all become disabled if we live long enough is a reality many people who consider themselves able-bodied are reluctant to admit.
In its own consultations with people with disabilities, the Law Commission of Ontario reported:
How Is Disability Defined By The Equality Act
The Equality Act defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.
The Act states that a person who has multiple sclerosis is a disabled person. This means that the person is protected by the Act effectively from the point of diagnosis .
The Equality Act requires employers to make reasonable adjustments to support a person with a disability to remain in employment. Where a disabled person is at a substantial disadvantage in comparison with people who are not disabled, there is a duty to take reasonable steps to remove that disadvantage by changing provisions, criteria or practices, altering, removing or providing a reasonable alternative means of avoiding physical features and providing auxiliary aids.
Examples of adjustments are:
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Is There A Physical Or Mental Impairment
Impairment does not equate with a medical condition. It is a functional concept. The emphasis of the definition is more on the fact that the ability to carry out normal day-to-day activities is impaired, than on the precise name of the impairment.
Physical impairment includes sensory impairment and severe disfigurement. Mental impairment can include dyslexia and other learning difficulties, as well as mental illness such as depression.
What Does The Equality Act Do To Advance Opportunities For People With Learning Disabilities
A key area of The Equality Act is the duty it places on public bodies to make reasonable adjustments for people with a disability. A reasonable adjustment is a change that a public body makes to ensure that people with disabilities arent treated unfairly. If a person with a disability is at a substantial disadvantage compared to a person without a disability, or a person who does not share the same disability, the duty to make reasonable adjustments applies. The Equality Act is clear that the person using a service cannot be asked to pay the cost of making the reasonable adjustments.
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Can Discrimination Be Allowed
Some kinds of discrimination arent allowed. A service or employer cant discriminate directly against a disabled person.
Indirect discrimination and discrimination arising from a disability can affect a disabled person. However, a service or employer can allow this if it is a proportionate means of achieving a legitimate aim. We explain this sentence below.
What is a legitimate aim?
The Equality Act doesnt say what a legitimate aim is, but this could be quite broad. Legitimate means valid. Something is likely to be a valid aim if it is fair and reasonable.
This could include:
- the health and safety of staff or people using a service,
- the needs of the service, and
- needing to make a profit.
What does proportionate mean?
Proportionate means fair. There must be a balance between the service or employers needs and your needs as a disabled person.
When a service or employer is thinking about their aims, they should make sure they are fair. They should try to reach their aim in a way that discriminates the least.
I Am A Volunteer; Am I Protected By The Equality Act
Volunteers are not generally covered by the Equality Act as they dont have a contract of employment. Most volunteers are not employed by an organisation and will just get money towards travel and expenses.
But when an organisation provides a volunteering opportunity for someone, this may be seen as providing you with a service. Also, if you have a contract which involves being paid more than travel and expenses, then this could be considered a service and so you may be covered by the Equality Act 2010.
The law can be complicated on this issue. It is considered best practice for volunteers to be considered the same as service users or clients. Organisations should avoid discrimination in how they treat volunteers.
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