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Disabled jobseekers can expect to be protected from discrimination during the recruitment process and throughout their employment thanks to the Disability Discrimination Act 1995 (DDA). Among other areas, the act covers terms and conditions of employment, disciplinary proceedings, dismissal, harassment, training and promotion prospects, and DDA rules apply to firms that employ 15 or more people.
What is the definition of disabled?
A disability is defined as a physical or mental impairment, which has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities. Dyslexia, for example, is classified as a disability, as are migraine and asthma as well as clinical depression. The impairment must have lasted 12 months or be likely to last 12 months or be of a recurring nature where a recurrence is likely in a 12 month period.
Must I tell a future employer of my disability?
You are not obliged to share this information. However, the Disability Rights Commission believes it is in everyone's best interests for an employee to alert a prospective boss of your particular needs.
Can an employer ask about a disability on job application forms?
Employers can ask about your health or disability, but must not use the information to discriminate against you.
As a disabled jobseeker, what can I expect from an employer?
You should not be treated less favourably because of your disability at any stage of recruitment or employment. If a job offer is made, the employer must make 'reasonable adjustments' to the workplace or to the employee's working practices as required. What is 'reasonable' will vary depending on the cost and ease of change, the employer's resources, and the financial help available, such as grants and aid.
Reasonable adjustments can include obtaining extra equipment or reorganising someone's working day. Failure to take necessary actions would be classed as discrimination.
I think I have been discriminated against at interview, what should I do?
If you think you have been discriminated against you could bring a discrimination claim to an employment tribunal. Unfortunately, past research has shown the success rate can be as low as 17 per cent - and even lower for claims alleging discrimination in recruitment.
However, the main stumbling block for claimants - the burden of proof where the employee must prove discriminatory behaviour or less favourable treatment on the part of the employer - has been removed. A new European law, which came into force in 2003, made it easier for individuals to win discrimination cases in the future. The burden of proof directive puts the onus on the employer to disprove discrimination rather than on individuals to prove it.
Are any jobs exempt from the DDA?
The following jobs are not covered by DDA legislation: prison officer, fire-fighter, certain police positions, anyone working on board a ship, hovercraft or aircraft or working wholly or largely outside the UK.
Further information
The Disability Rights Commission has a wealth of detailed information on rights for disabled workers and jobseekers at http://www.drc-gb.org/.
More advice on discrimination
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