Disability equality

30 September 2010

Disability and your rights

What is a disability
Disability as a concept covers extremely diverse conditions. Not only are there a great many different impairments and health conditions covered by the Disability Discrimination Acts (DDAs), but impairments vary from person to person as to how they can affect everyday life. According to the DDA 1995 (as amended) 'a person has a disability if he or she has a physical or mental impairment, which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities'. Physical impairment includes a number of long-term conditions such as HIV or AIDS.

Disability discrimination legislation
In the UK, the DDA 1995 prohibits direct discrimination on the grounds of disability and makes it unlawful for employers and service providers to treat disabled people less favourably, without justification, for a reason that relates to their impairment. It also requires them to make reasonable adjustments or accommodations to ensure that disabled people are not put at a substantial disadvantage.

In Great Britain, the DDA 2005 introduced the duty for public authorities to actively promote equality of opportunity for disabled people, known as the Disability Equality Duty. The DDA 2005 does not extend to Northern Ireland since disability discrimination is a transferred matter under the Northern Ireland Act 1998. Instead, separate secondary legislation and Codes of Practice are required, as set out in Schedule 8 of the Act.

Public sector duty
Under the general disability equality duty, NHS organisations in their roles both as employers and service providers are required to:

• promote equality of opportunity between disabled people and other people

• eliminate discrimination that is unlawful under the Act

• eliminate harassment of disabled people that is related to their disability

• promote positive attitudes towards disabled people

• encourage participation by disabled people in public life

• take steps to take account of disabled people’s impairments, even where that involves treating them more favourably than other people.

Your rights and responsibilities
Many disabled doctors acquire their impairment during their adult life or while at work. When impairment presents a risk to a disabled person’s own health and safety at work, or that of their colleages, they are obliged to disclose their disability under the Health and Safety Act 1974.

Additionally, in Good Medical Practice, the GMC states that 'If you know that you have, or think that you might have, a serious condition that you could pass on to patients, or if your judgement or performance could be affected by a condition or its treatment, you must consult a suitably qualified colleague. You must ask for and follow their advice about investigations, treatment and changes to your practice that they consider necessary. You must not rely on your own assessment of the risk you pose to patients.' Once a doctors discloses an impairment to their employer, they are protected under the Disability Discrimination Acts.

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