DDA and Deafness
In brief, the Disability Discrimination Act 1995 (DDA 1995) is a UK parliamentary act that was passed and came into force in December 1996. The act makes it unlawful to discriminate against a person due to a disability in relation to: employment, the provision of goods and services, education and transport.
Since it’s introduction in 1996, the DDA 1995 has been amended several times since it’s introduction to extend coverage, clarify parts and bring the DDA in line with other legislations. The information on this page was written on 19th May 2008 and has taken into consideration amendments up to this date.
Who is covered by the DDA?
The DDA covers individuals who have a disability, or who have had a disability. The definition of disability according to the DDA is “a physical or mental impairment which has a substantial and long term adverse effect on [the person's] ability to carry out normal day to day activities”.
Are deaf people covered?
The DDA does cover deaf people. Deafness is a sensory impairment, and sensory impairments are physical impairments. The condition must have lasted for 12 months, or is expected to last for 12 months. Some cases of tinnitus may not be covered by the DDA.
What is meant by a ‘substantial effect’?
When deciding what a substantial effect is, several factors must be considered:
• The time it takes you to carry out an activity
• How an activity is carried out
• The cumulative effect of minor impairments
• The surrounding environment
The following examples are supplied by the Government:
Examples that are likely to be “substantial effects” relating to deaf persons:
• An inability to give clear oral instructions to other staff members
• An inability to hold a conversation in an environment with background noise
• Not being able to hear and understand someone speaking clearly over an un-amplified telephone
• Taking significantly longer to say things
Examples that are not likely to be deemed as “substantial effects” relating to deaf persons:
• Not being able to sing in tune
• Not being able to understand people who have a strong regional or foreign accent
• Not being able to hear someone talking to you in a very noisy environment (e.g. a nightclub). This is because most people would have problems in this situation.
Why was the DDA introduced?
Although there were similar legislations already in place, the DDA introduced the notion of ‘indirect discrimination’. This required an active approach to provide accessibility for disabled persons effectively ruling out ignorance as an excuse for compliance.
What are reasonable adjustments for deaf people?
Some examples of reasonable adjustments that are expected for people with a hearing impairment are:
• A cinema installing an induction loop
• Tickets for events to be purchasable by other means that only telephone.
• Companies’ to provide deaf awareness training to staff.
• Licensed taxi drivers must allow hearing dogs in their taxis at no extra cost.
Other important examples which may not be ‘adjustments’ include:
• In employment, a worker must have the same access to promotion opportunities, recreation areas etc. (The only major occupation not covered by the DDA is service in the armed forces).
• A GP cannot refuse to register or continue treating you due to your disability.
• Hospitals should make every effort to provide BSL interpreters for deaf patients
Adjustments have to evaluated to determine whether they would: be sufficient to meet the needs of the disabled person, be affordable to the company making the adjustments and have a serious effect on other people. For example:
• It would be unreasonable for a local bakery to provide BSL interpreters to deaf customers as it would be beyond the bakery’s financial means.
Therefore, under the DDA, it is permissable for disabled persons to be treated less favourably as a direct result of their disability as long as the justification is sufficient.
Does the DDA cover education providers?
Yes, an amendment in 2001 (by the Special Educational Needs and Disability Act 2001) extended the DDA to cover: local education authorities (LEAs), schools, colleges, universities, providers of adult education and the statutory youth service.
If I feel discriminated against what should I do?
It is important to mention that the DDA does not specify what is reasonable behaviour, therefore each case requires individual attention.
In most cases, you should write to the organisation you feel has or is discriminating against you providing them with suggestions on how they should improve. Most organisations will want to make their product or service available to as many people as possible, therefore will be happy to accommodate any reasonable adjustment. Any correspondence you have with an organisation should be in writing as this will make ensure there is no confusion of the communication between you and the organisation, and should the complaint be taken further, a third party reviewing the case will be able to see exactly what has been said.
If your attempts to resolve the situation have not been successful and you feel that the organisation may be acting unlawfully, you should seek legal advice. Your local Citizens Advice Bureau is one of the organisations you may seek advice from. Click here to see where your local bureau is.
Important information
The information above is not legal advice and should not be interpreted as such. My Deaf Community is not legally qualified to offer a legal interpretation of the DDA.
Related Pages
TSO Online Bookshop – Order a copy of the DDA in English
TSO Online Bookshop – Order a copy of the DDA in BSL
In brief, the Disability Discrimination Act 1995 (DDA 1995) is a UK parliamentary act that was passed and came into force in December 1996. The act makes it unlawful to discriminate against a person due to a disability in relation to: employment, the provision of goods and services, education and transport.
Since it’s introduction in 1996, the DDA 1995 has been amended several times since it’s introduction to extend coverage, clarify parts and bring the DDA in line with other legislations. The information on this page was written on 19th May 2008 and has taken into consideration amendments up to this date.
Who is covered by the DDA?
The DDA covers individuals who have a disability, or who have had a disability. The definition of disability according to the DDA is “a physical or mental impairment which has a substantial and long term adverse effect on [the person's] ability to carry out normal day to day activities”.
Are deaf people covered?
The DDA does cover deaf people. Deafness is a sensory impairment, and sensory impairments are physical impairments. The condition must have lasted for 12 months, or is expected to last for 12 months. Some cases of tinnitus may not be covered by the DDA.
What is meant by a ‘substantial effect’?
When deciding what a substantial effect is, several factors must be considered:
• The time it takes you to carry out an activity
• How an activity is carried out
• The cumulative effect of minor impairments
• The surrounding environment
The following examples are supplied by the Government:
Examples that are likely to be “substantial effects” relating to deaf persons:
• An inability to give clear oral instructions to other staff members
• An inability to hold a conversation in an environment with background noise
• Not being able to hear and understand someone speaking clearly over an un-amplified telephone
• Taking significantly longer to say things
Examples that are not likely to be deemed as “substantial effects” relating to deaf persons:
• Not being able to sing in tune
• Not being able to understand people who have a strong regional or foreign accent
• Not being able to hear someone talking to you in a very noisy environment (e.g. a nightclub). This is because most people would have problems in this situation.
Why was the DDA introduced?
Although there were similar legislations already in place, the DDA introduced the notion of ‘indirect discrimination’. This required an active approach to provide accessibility for disabled persons effectively ruling out ignorance as an excuse for compliance.
What are reasonable adjustments for deaf people?
Some examples of reasonable adjustments that are expected for people with a hearing impairment are:
• A cinema installing an induction loop
• Tickets for events to be purchasable by other means that only telephone.
• Companies’ to provide deaf awareness training to staff.
• Licensed taxi drivers must allow hearing dogs in their taxis at no extra cost.
Other important examples which may not be ‘adjustments’ include:
• In employment, a worker must have the same access to promotion opportunities, recreation areas etc. (The only major occupation not covered by the DDA is service in the armed forces).
• A GP cannot refuse to register or continue treating you due to your disability.
• Hospitals should make every effort to provide BSL interpreters for deaf patients
Adjustments have to evaluated to determine whether they would: be sufficient to meet the needs of the disabled person, be affordable to the company making the adjustments and have a serious effect on other people. For example:
• It would be unreasonable for a local bakery to provide BSL interpreters to deaf customers as it would be beyond the bakery’s financial means.
Therefore, under the DDA, it is permissable for disabled persons to be treated less favourably as a direct result of their disability as long as the justification is sufficient.
Does the DDA cover education providers?
Yes, an amendment in 2001 (by the Special Educational Needs and Disability Act 2001) extended the DDA to cover: local education authorities (LEAs), schools, colleges, universities, providers of adult education and the statutory youth service.
If I feel discriminated against what should I do?
It is important to mention that the DDA does not specify what is reasonable behaviour, therefore each case requires individual attention.
In most cases, you should write to the organisation you feel has or is discriminating against you providing them with suggestions on how they should improve. Most organisations will want to make their product or service available to as many people as possible, therefore will be happy to accommodate any reasonable adjustment. Any correspondence you have with an organisation should be in writing as this will make ensure there is no confusion of the communication between you and the organisation, and should the complaint be taken further, a third party reviewing the case will be able to see exactly what has been said.
If your attempts to resolve the situation have not been successful and you feel that the organisation may be acting unlawfully, you should seek legal advice. Your local Citizens Advice Bureau is one of the organisations you may seek advice from. Click here to see where your local bureau is.
Important information
The information above is not legal advice and should not be interpreted as such. My Deaf Community is not legally qualified to offer a legal interpretation of the DDA.
Related Pages
TSO Online Bookshop – Order a copy of the DDA in English
TSO Online Bookshop – Order a copy of the DDA in BSL
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