Is the DDA Act Too Restrictive?

England enacted their first truly groundbreaking laws in protection of the rights of the disabled in the Disability Discrimination Act or 1995 (DDA Act). Many people have lauded that act as paving the way to ending discrimination and providing necessary accommodation for disabled people in the UK and throughout the EU. In the years since its adoption, it has seen many amendments and its principles have been incorporated into newer legislation, but the standards set by the original DDA Act are still influencing the treatment of the disabled in the United Kingdom today.

Provisions of the DDA Act

The key elements of the DDA Act provide not only for protection against discrimination for those with disabilities and impairments, but for a reasonable amount of accommodation for those with such disabilities, in employment, services, access to premises, and access to goods. This mandates that public services, employers, businesses, and transportation services not only avoid direct discrimination, but make reasonable accommodation for the disabled, in essence, outlawing indirect discrimination as well.

Increased Protections

In addition to the more general provisions of the DDA, the disabled are even protected from:

• Less favorable treatment because of their disability

• Failure to make reasonable accommodations for their disability

As a result of these concepts, any barriers to a disabled person’s ability to access or participate in employment, service offerings, transportation providers, and more, must be proactively removed for all disabled persons who may seek their services, not just for the one who makes their way into their establishment or vehicle.

The legislation does put some limitations on what kind of barriers must be removed, however. A proposed accommodation may be unreasonable if:

• It does not actually meet the needs of disabled persons accessing that service or establishment

• It is not affordable

• It has a detrimental effect on the ability of non-disabled persons to access the service or establishment

In practice, however, some of the cases resulting from the DDA Act have proved that there are very strident restrictions on employers, businessmen, and service companies. The debate continues, and case law will eventually determine the result, but until all of the questions about DDA restrictions have been addressed in the legal arena, there will continue to be questions about the restrictions built into the DDA.

Getting Legal Help with DDA Act Restrictions

Anyone who has difficulty with the provisions of the DDA Act should consult an attorney knowledgeable in the requirements of this bill. They can advise those who have questions about the restrictions contained in its statutes. In addition, when there are disabled persons who feel that they are still facing unreasonable barriers because of their disability, they should obtain the services of a lawyer who can help insure their reasonable needs are being met. These cases will continue to help make adjustments in the legislation and bring about the proper balance in the DDA Act.