Discrimination - what the law says - Goods and Services

The act says that it is unlawful for a service provider to discriminate against a disabled person by;

refusing to provide (or deliberately not providing) any service which it offers or provides to members of the public; or
providing service of a lower standard or in a worse manner; or;
providing service on worse terms; or
failing to comply with the duty to make reasonable adjustments (under section 21 of the Act) if that failure has the effect of making it impossible or unreasonably difficult the disabled person to make use of any such service.

Picture courtesy of Hearing Dogs for Deaf People

There are two ways in which discrimination can occur;

When a service provider;

treats the disabled person less favourably - for a reason relating to the disabled persons disability- than it treats (or would treat) others to whom reason does not (or would not) apply and
cannot show that the treatment is justified

When a service provider;

fails to comply with the duty imposed on it by section 21 of the act (the duty to make "reasonable adjustments") in relation to the disabled person; and
cannot show that the failure is justified

Scales of Justice

The duty to make reasonable adjustments comprises a series of duties falling into three main areas;

* changing practices, policies and procedures

* providing auxiliary aids and services;

* overcoming a physical feature by

- removing the feature: or

- altering it: or

- avoiding it; or

- providing services by alternative methods

Service providers should not wait until a disabled person wants to use a service which they provide before they give consideration to their duty to make reasonable adjustments.

They should anticipate the requirements of disabled people and the adjustments that may have to be made for them.

Failure to anticipate the need for adjustment may render it too late to comply with the duty to make the adjustment. Furthermore, it may not of itself provided a defence to a claim that it was reasonable to have provided one.

Disclaimer;
The above information should not be regarded as an authoritative statement of law. All legal documents reproduced on this site, or abstracts thereof or comments and or statements made concerning the law cannot be regarded as authoritative statements of law. Appropriate professional advice should be sought.

Clicking the link below will take you directly to the website of the Disability Rights Commission - 'The Law' where you will find links to the Act and the relevant Codes of Practice

http://www.drc-gb.org/thelaw/index.asp