Disability Discrimination Developments - International Law Office

Regulations making several amendments to the Disability Discrimination Act 1995 have been published and will come into force on October 1 2004. Amendments include:

• a new definition of 'disability discrimination' which provides that direct disability discrimination cannot be justified;
  
  
• a prohibition on harassment;
  
  
• removal of the exemption for small businesses;
  
  
• a statutory burden of proof; and
  
  
• provisions clarifying the duty to make reasonable adjustments, including confirmation that the duty does not arise where the employer does not know, and could not reasonably be expected to know, that a potential applicant, applicant or employee has a disability which is likely to place him/her at a substantial disadvantage.

On April 14 2003 regulations came into force clarifying that people who are certified blind or partially sighted will be deemed disabled for the purposes of the Disability Discrimination Act. They protect blind and partially sighted people against discrimination in employment, in relation to the supply of goods, facilities and services, in the disposal of premises and in education.

For further information on this topic please contact Mark Mansell or Felicity Gemson at Allen & Overy by telephone (+44 20 7330 3000) or by fax (+44 20 7330 9999) or by email (mark.mansell@allenovery.com or felicity.gemson@allenovery.com).