Disability and Equality Law in Britain

The Role of Reasonable Adjustment

Author: Anna Lawson

Publisher: Bloomsbury Publishing

ISBN: 1847314716

Category: Law

Page: 352

View: 511

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The concept of reasonable adjustment (alternatively known as reasonable accommodation) is rapidly gaining significance for countries throughout Europe and beyond. Directive 2000/78 required all EU Member States to ensure that, by the end of 2006 at the latest, reasonable accommodation obligations would operate to protect disabled people from unequal treatment in the context of employment. The new United Nations Convention on the Rights of Persons with Disabilities will require ratifying States to impose such obligations in a broad range of situations. This book provides a detailed and critical analysis of the current and potential role of reasonable adjustment duties in British law. It explores the notion of the anticipatory reasonable adjustment duty - a notion which is, in many respects, distinctively British. It probes the relationship between reasonable adjustment and other concepts, including indirect discrimination and positive discrimination. Drawing particularly on US debates, potential sources of resistance to the duties are exposed and an attempt is made to suggest pre-emptive counter strategies. Attention is also given to issues of legal reform and rationalisation - issues of immense topicality and importance in view of the recent British move towards a single Equality Act. In short, this book examines the current and potential role of reasonable adjustment duties in Britain. It will be of interest to lawyers, policy-makers and students working in the field of disability rights. It will also be of interest to all those concerned with the operation and development of equality law and policy more generally, both in Britain and beyond.
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Discrimination and the Law

Author: Malcolm Sargeant

Publisher: Routledge

ISBN: 1134615728

Category: Law

Page: 176

View: 7553

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Discrimination and the Law provides an exploration and evaluation of Discrimination Law, with a primary focus on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which the law has evolved. The book provides an examination of the main provisions of and the application of the Equality Act 2010 which was passed to consolidate the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law in Great Britain. Encompassing sex, race, age, disability, discrimination on the grounds of sexual orientation or religious belief, this book also considers aspects of discrimination which are not provided for, such as multiple discriminations and intersectionality. In addition, the provisions of the Equality Act and subsequent UK case law are considered within the context of EU Directives and judgments from the European Court of Justice and other international sources of equality law. Concise, accessible and with a review of current debates and issues at the end of each chapter, Discrimination and the Law is an essential introduction to the wide-ranging law relating to discrimination in the UK for both LLB and HRM students.
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Equality Act 2006

Elizabeth II

Author: Great Britain

Publisher: The Stationery Office

ISBN: 9780105403067

Category: Law

Page: 90

View: 9075

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The Act contains provisions to establish a new single body called the Commission for Equality and Human Rights (CEHR) to take over the work of the existing equality Commissions (the Equal Opportunities Commission, the Commission for Racial Equality, and the Disability Rights Commission). The CEHR will also assume responsibility for promoting equality and combating unlawful discrimination in relation to sexual orientation, religion and age, as well as providing, for the first time, institutional support for the promotion of human rights in the delivery of public services.
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Understanding Disability Discrimination Law through Geography

Author: Fayyaz Vellani

Publisher: Routledge

ISBN: 131700499X

Category: Social Science

Page: 220

View: 785

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Examining the UK Disability Discrimination Act (DDA) in comparison to its counterparts in the USA and Australia, this book focuses on how it is being interpreted and acted upon in the context of higher education, a key area of national attention in the UK. It also evaluates this law in the context of the larger project of civil rights legislation and demonstrates that geography can be used to explain law and legal arguments by highlighting their subjectivity and by emphasizing the importance of place, specificity and context. While providing in-depth analysis of the effectiveness and scope of this significant legislation this book demonstrates the importance of geography in the application of law. It provides insights into the broader workings of UK anti-discrimination law, which are particularly relevant given the scrutiny of the Equality and Human Rights Commission and the concerns about the effectiveness of legal tools in fighting discrimination. Finally, this book critiques liberal notions of legal subjectivity and medical definitions of disability which is topical given the current attention given to debates about identity politics.
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Disabled People in Britain and Discrimination

A Case for Anti-discrimination Legislation

Author: Colin Barnes

Publisher: C. HURST & CO. PUBLISHERS

ISBN: 9781850651277

Category: Discrimination against people with disabilities

Page: 264

View: 4444

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Arguing that disability is a civil rights issue, this study outlines, often using official statistics, the denial to disabled people of full and equal access to the institutions of British society. It contends that only disabled people themselves can bring about a change in this situation.
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Disabled Justice?

Access to Justice and the UN Convention on the Rights of Persons with Disabilities

Author: Eilionóir Flynn

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472418611

Category: Law

Page: 190

View: 7193

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Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.
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Equality Act 2010

Author: Great Britain

Publisher: Editions de l'Atelier

ISBN: 9780105415107

Category: Law

Page: 251

View: 4549

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Royal assent, 8 April 2010. An Act to make provision tor require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; to amend the law relating to rights and responsibilities in family relationships
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The Equality Bill

How Disability Equality Fits Within a Single Equality Act

Author: House of Commons Work and Pensions Commi

Publisher: The Stationery Office

ISBN: 9780215529824

Category: Political Science

Page: 95

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The Committee welcomes the Government's intentions to simplify and streamline legislation on discrimination into one single Equality Bill. But it believes that disability discrimination requires a difference in approach and should be predicated on the idea that we need to treat people differently to accord disabled people equal opportunities. The challenge is to bring disability discrimination law within that broad family of equality law whilst recognising those key differences. To meet this objective, the Government should re-establish the version of disability-related discrimination that existed before the recent Lewisham v Malcolm judgment and which was well understood by employers and employees alike. Preserving strong disability rights needs to go hand in hand with an adequate defence for those with duties under the legislation. Harmonising the different provisions that currently permit employers, service providers, landlords and others to justify disability discrimination in certain circumstances will ensure a balance between their responsibilities and the rights of the disabled person. The Committee also calls for removal of one of the greatest obstacles to improving employment opportunities for older people: the continued existence of the statutory default retirement age in the Employment Equality (Age) Regulations 2006. The overall employment rate of disabled people has increased since 1995, but the rate for people with mental illness, phobias or panic has remained substantially lower (at just over 10 per cent) than that for those with most other types of impairment. Too many employers and disabled people are unaware of what support is available for them through the Access to Work scheme. DWP research identified recruitment as the most common source of discrimination against disabled people but few cases reach court. The public sector has an important role to play in promoting equality but needs to focus on outcomes not process.
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Disability and Equity at Work

Author: Jody Heymann,Michael Ashley Stein,Gonzalo Moreno

Publisher: Oxford University Press

ISBN: 019998123X

Category: Medical

Page: 352

View: 1485

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Despite international and national guarantees of equal rights, there remains a great deal to be done to achieve global employment equality for individuals with disabilities. In OECD countries, the employment rate of persons with disabilities was just over 40%, compared to 75% for persons without a disability; in many low- and middle-income countries, the employment rates are even lower. There are numerous reasons why persons with disabilities fare poorly in the labor market; Disability and Equity at Work is the first book to document what can be done to improve this imbalance. Chapters in this volume address all relevant facets of this topic and include: · Extensive examination of the factors contributing to inequitable access to work among persons with disability · Analysis of the economic benefits of increasing employment equity · Successful employment strategies at every stage of a worker's career · Evidence-based recommendations and in-depth case studies of innovative policies and programs around the world Chapter contributors include leaders from international organizations, government, civil society, and academia, including experts from UN agencies, leaders in nongovernmental advocacy and research organizations, and senior academics in the field. Disability and Equity at Work fills a needed gap that will appeal to those interested in and engaged in public policy, global health, equal rights, business, labor, and other fields.
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Discrimination Law

Author: Sandra Fredman

Publisher: Oxford University Press on Demand

ISBN: 0199584427

Category: Law

Page: 348

View: 9186

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A highly readable introduction to equality law and how it has adjusted to new and complex problems. Including an historical overview and comparative analysis, it thematically illuminates and discusses the major issues in discrimination law. This edition incorporates recent changes to the law, most importantly the Equality Act 2010.
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