The Disability Discrimination Act 1995
The Disability Discrimination Act 1995 consists of eight parts whereby some of which are subdivided into chapters and is supplemented by eight schedules. The Act was intended to ensure that acts of discrimination against disabled people are outlawed and where applicable are punishable. It covers all areas of disability including, but not limited to discrimination in the workplace as well as other areas such as schools.
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Definitions
Disability definition
According to the Act, a person is disabled, if they have a physical or mental impairment which have a substantial and long-term adverse effect on their ability to carry out normal daily activities.
Discrimination definition
The Act defines employment discrimination where an employer treats the disabled person less favourably than they treat or would treat others to whom that reason does not or would not apply. Furthermore, the employer needs to show that the treatment in question is justified.
Compensation definition
Where a tribunal orders compensation under subsections of this Act, the amount thereof is calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty. To ensure that there is no doubt in the interpretation of damages, the Act declares that compensation in respect of unlawful discrimination may include compensation for injury to feelings whether or not, it includes compensation under any other head.
Parts and chapters
Parts
The eight parts of the Act cover the definition of disability, all areas governed by employment, discrimination in other areas, schools, public transport (such as designated transport facilities), information on the National Disability Council, supplemental advice such as more information on codes of practice and miscellaneous such as the restriction of publicity at an Employment Tribunal.
Chapters
Three chapters are listed under Part IV of the act, entitled Education. These chapters incorporate schools, such as the duties of responsible bodies and enforcement on further and higher education, such as duties of funding councils and interpretation and supplementary details which includes conciliation for disputes and an application to the Isles of Scilly.
Schedules
There are eight schedules associated with this Act. These include provisions supplementing section 1: past disabilities, enforcement and procedure, premises occupied under leases, responsible bodies for schools as well as education institutions, modifications, the National Disability Council, consequential amendments, repeals, and modifications of the act as it applies to Northern Ireland.
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