News - Legislation |
Disability discrimination 1 October 2004
1 October 2004: changes to the definition of disability discrimination
and the introduction of a freestanding right to complain of harassment,
before, during and sometimes after employment as well as the introduction
of questionnaires.
Disability discrimination changes
On 1 October 2004 disability discrimination law in the employment field is changing.
• The small employer exemption will go: this means that all employers, whatever their size will be subject to the legislation.
• Indirect discrimination and duty to make adjustments: will arise where a provision criterion or practice or any physical feature of premises occupied by the employer puts a disabled person at a disadvantage. The employer has a duty to take such steps as are reasonable in all the circumstances to prevent the provision, criterion or practice or feature placing a disabled person at a disadvantage.
• harassment: there will be a new statutory definition, following that of the new race, sex, religion or belief definitions.
• the burden of proof will be brought into line with other discrimination laws.
• Post employment discrimination will be prohibited if it arises out of or is closely connected to the employment relationship.
• Questionnaires: are being introduced. An employee who thinks that he or she may have been discriminated against will be able to send his or her employer a questionnaire which the employer will have to reply to in 8 weeks.
