Disability Discrimination Law Update

As part of the government’s commitment to outlaw discrimination in the workplace, new regulations have been introduced aimed at providing further protection to blind and partially sighted employees. The Disability Discrimination (Blind and Partially Sighted Persons) Regulations will come into force on 17th April 2003, and will specifically prohibit discrimination against blind and partially sighted persons, in the provision of services, sale of goods, and in the workplace. Employers will already be familiar with the main provisions of the Disability Discrimination Act 1995, and the new Regulations will act to strengthen existing provisions.

In general terms, the Disability Discrimination Act prohibits employers from treating disabled employees less favourably on the grounds of their disability. It also places a positive duty on employers to make reasonable adjustments to accommodate disabled employees’ needs.

The new regulations apply to all aspects of the employment relationship, and employers are therefore advised to review existing policies and procedures to ensure that blind and partially sighted employees, and job applicants, are not discriminated against on the grounds of their disability. In particular employers should:

Review current recruitment policies, and application forms, to ensure that any disability related questions are linked only to the duty to make reasonable adjustments for job applicants, and ensure that any necessary reasonable adjustments are carried out, prior to interviewing a partially sighted or blind job applicant

Ensure that training and development policies and procedures provide equal access for all employees to training courses and facilitates offered, and ensure that any monitoring policies and procedures do not cause detriment to blind or partially sighted individuals on the grounds of their disability, and

Review all promotion and transfer policies and procedures to ensure that blind and partially sighted employees are not discriminated against when considering promotions, or when addressing transfer requests.

These new Regulations should resolve any dispute about whether blind and partially sighted employees are covered by the anti-discrimination legislation. It is anticipated that these Regulations will not only provide clarification in this area, but will also serve as a starting point for the introduction of further regulations, aimed at protecting disabled job applicants and employees.

For further information, please contact:

Chris Magrath – Tel: (020) 7317 6713 Email: Chris.Magrath@Magrath.Co.UK;
Jessica Knight Tel: (020) 7317 6787 Email: Jessica.Knight@Magrath.Co.UK;
Adele Martins Tel: (020) 7317 6719 Email: Adele.Martins@Magrath.Co.UK;
Michael Sissons Tel: (020) 7317 6793 Email: Michael.Sissons@Magrath.Co.UK;
Kerry Candy Tel: (020) 7317 6783 Email: Kerry.Candy@Magrath.Co.UK. Or
Robert Starr Tel: (020) 7317 6722 Email: Robert.Starr@Magrath.co.UK

Associate Offices Gibney Anthony & Flaherty LLP Attorneys-at-Law 665 Fifth Avenue New York NY 10022 USA. David Hole Rechtsanwalt and Solicitor Widenmayerstrasse 28/1V 30538 Munich Germany.

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