The Employer's Duty to Make Reasonable Adjustments. When is a Reasonable Adjustment, Not Reasonable?

2009 ◽  
Vol 10 (3) ◽  
pp. 111-131 ◽  
Author(s):  
Stephen Bunbury
Keyword(s):  
Case Law ◽  
Physical Feature ◽  
Steady Increase ◽  
Foreseeable Future ◽  
Disabled People ◽  
Disability Discrimination ◽  
The Disabled ◽  
Disability Discrimination Act ◽  
The Impact

This article considers the impact of the reasonable adjustments duty imposed upon employers in section 4A of the Disability Discrimination Act (1995) where a provision, criterion, practice, or physical feature of the premises of the employer places the disabled person at a substantial disadvantage in comparison with persons who are not disabled. It considers that while the duty to make reasonable adjustments has contributed to the rising rates of employment among disabled people, an examination of the Employment Tribunal and EAT Statistics (GB) conversely reveals that there has been a steady increase in cases of disability discrimination in recent years. It is argued that the complexity of section 4A and the ensuing case law have contributed to the rising tide of cases in this field and is a trend which is likely to continue for the foreseeable future.

An unquiet mind in the workplace: mental illness and the Disability Discrimination Act 1995

Legal Studies ◽  
2004 ◽  
Vol 24 (4) ◽  
pp. 516-539 ◽  
Author(s):  
Grace James
Keyword(s):  
Mental Illness ◽  
Labour Market ◽  
Case Law ◽  
Welfare To Work ◽  
Current Policy ◽  
Policy Makers ◽  
Disability Discrimination ◽  
Mentally Impaired ◽  
Disability Discrimination Act ◽  
The Relationship

New Labour's recent ‘Welfare to Work’ policies encourage people with disabilities, where possible, to enter and participate in the workplace. The current policy of ‘inclusion’ is supported by the Disability Discrimination Act 1995 (DDA), which came into force in December 1996 providing those who are discriminated against on the grounds of their disability with an action against their employer. Drawing upon recently decided case law, this paper considers what the DDA offers those who are discriminated against because of a mental illness. I argue that policy-makers, courts and tribunals, because the relationship between physical and mental impairments is often misunderstood, fail to reflect the varied nature of or understand the stigma associated with, mental ill health. The law is thus at present incapable of providing adequate protection for mentally impaired individuals who attempt to participate or remain in the labour market, and new approaches, which are sensitive to the diverse nature of disability, need to be considered.

scholarly journals Warunki mieszkaniowe jako wyznacznik jakości życia osób niepełnosprawnych na przykładzie osób z dysfunkcją narządu wzroku

Ekonomia ◽  
2019 ◽  
Vol 24 (3) ◽  
pp. 97-113
Author(s):  
Agnieszka Sadowa
Keyword(s):  
Quality Of Life ◽  
People With Disabilities ◽  
Housing Conditions ◽  
Disabled People ◽  
Important Place ◽  
The Disabled ◽  
The Right ◽  
The University ◽  
The Impact

Housing conditions as a determinant of the quality of life of disabled people, based on the example of people with sight dysfunctionOne of the basic needs of a person is to have a place to live. Virtually everyone dreams of having their own place, to relax and feel safe. Such a space is an important place for people with disabilities, because it is often the only place that is tailored to their needs, where they feel safer than in any other spaces. Every citizen of the country has the right to housing, which is provided by numerous docu­ments and regulations.The purpose of this article is to evaluate the impact of housing conditions on the quality of life of people with disabilities. The following thesis has been formulated in the work: the disabled aim to improve the quality of their lives by changing housing conditions.Literature sources have been reviewed to define basic concepts, the results of previous studies have been correlated. After accessing the database, the results of the research carried out in March 2015 by the foundation “Nie widzę problemu” literally meaning “I do not see the problem” with involvement of employees and students of the University of Wroclaw have been compiled.The analysis shows that respondents most often live together with their parents and spend a large part of their income on purchases related to household appliances. As much as 60% of re­spondents do not own a flat. Approximately 68% find the buildings they live in are not suited to their needs, however only 23% of them try to get social housing.Translated by Karolina Riemel

scholarly journals The Impact of Workplace Disability Facilities on Job Retention Wishes among People with Physical Disabilities in South Korea

2020 ◽  
Vol 12 (18) ◽  
pp. 7489
Author(s):  
Eun Jung Kim ◽  
Inhan Kim ◽  
Mi Jeong Kim
Keyword(s):  
Sustainable Development ◽  
South Korea ◽  
Physical Disabilities ◽  
Work Satisfaction ◽  
Workplace Safety ◽  
Job Retention ◽  
Disabled People ◽  
The Disabled ◽  
People With Physical Disabilities ◽  
The Impact

The 2030 UN Agenda for Sustainable Development aims to end poverty “in all forms” and achieve sustainable development by 2030, while ensuring that “no one is left behind”, including people with disabilities. Disability is referenced eleven times in the Agenda. Disabled people face high risks of poverty because of barriers such as lack of workplace disability facilities. The goal of the study was to examine how workplace disability facilities affect job retention plans among workers with physical disabilities in South Korea and how perceived workplace safety and work satisfaction act as mediators. The 2018 Panel Survey of Employment for the Disabled was used, and we examined 1023 workers with physical disabilities. Path analysis was used to examine the relationships. Results showed that workers whose workplaces provided more disability facilities were significantly more likely to perceive their workplaces as safe and had higher work satisfaction; hence, they were more likely to wish to maintain their present jobs than those whose workplaces offered fewer facilities. However, many workplaces in Korea did not provide any disability facilities. The study provides empirical evidence to support development of policies for improved workplace facilities and work environments for disabled people, in accordance with the UN Agenda.

scholarly journals EVALUATION OF STATE AID AND ITS CREATED VALUE FOR DISABLED PEOPLE IN LITHUANIA

2021 ◽  
Vol 22 (4) ◽  
pp. 905-922
Author(s):  
Laura Girlevičienė ◽  
Alina Kvietkauskienė
Keyword(s):  
Regression Analysis ◽  
Social Exclusion ◽  
Social Issues ◽  
Linear Regression Analysis ◽  
State Aid ◽  
Simple Linear Regression ◽  
Disabled People ◽  
The Disabled ◽  
The Government ◽  
The Impact

Countries facing social issues related to the disabled apply various measures to solve them, including State aid. However, the application of these measures does not always enable them to achieve the goals of state policy or to improve indicators such as the integration of the disabled into the labor market and reduction of social exclusion. In order to evaluate the effectiveness of State aid usage and influence on the implementation of disabled employment policies, this research develops a set of social and economic indicators to reflect the examined issue, allow for the assessment of the situation of the target group, and envisage areas of improvement. To evaluate the impact of State aid on the selected indicators, a simple linear regression analysis is performed. According to our evaluations, we establish that in order for the government to solve problems of poverty by employing disabled people, questions of financial capacity as well as the effectiveness of allowances for the disabled should be addressed. The expected effects of this measure are a growing number of employed disabled people and reduction of poverty and social exclusion among disabled people.

scholarly journals Architecture in daily functioning of disabled people with special emphasis

2015 ◽  
Vol 14 (2) ◽  
pp. 037-042
Author(s):  
Piotr Gleń ◽  
Aleksandra Jarocka-Mikrut
Keyword(s):  
Public Spaces ◽  
Daily Functioning ◽  
Disabled People ◽  
Everyday Objects ◽  
Living Together ◽  
The Everyday ◽  
The Disabled ◽  
Private And Public ◽  
Reduced Mobility ◽  
The Impact

This article aims to stir the problem of obstacles and inconveniences faced by people with disabilities (including with reduced mobility , elderly , deaf , visually impaired and blind). The aim is to draw attention to the role played by the designer , both the architect and creator of utilitarian objects in shaping the impact on the comfort of living together in society of people with a complete physical and disabled. The need for education and promote greater awareness of these " dysfunctions " should be developed through places where non-disabled person is able to face the everyday barriers disabled person. An important aspect is to create awareness architect in the field of universal design at the stage of studies. More attention should focus on the design of everyday objects for the disabled so as not to have to change them later by artificial means. The article focuses on the problems and the positive examples of solutions in the process of shaping the architecture tailored to the needs of such people. The aim is also analysis of urban solutions that favor their functioning in everyday life. The authors are also examples of architectural and urban planning from both the Polish and the world. They show the importance and contribution of the architect in creating private and public spaces that surround us every day.

scholarly journals The Disability Discrimination Act 1995 and psychiatry: lessons from the first seven years

2004 ◽  
Vol 28 (4) ◽  
pp. 126-129 ◽  
Author(s):  
Nick Glozier
Keyword(s):  
Secondary Care ◽  
Psychiatric Illness ◽  
Relevant Information ◽  
Case Law ◽  
Professional Standards ◽  
Clinical Implications ◽  
Disability Discrimination ◽  
Icd 10 ◽  
Interesting Variation ◽  
Disability Discrimination Act

Aims and MethodTo extract relevant information for clinicians from reported and/or accessible cases involving psychiatric illness brought under the Disability Discrimination Act 1995 (DDA). Institutional databases were searched for DDA cases and relevant guidance from case law extracted.ResultsOver half the cases reaching higher courts involve psychiatric illness. A number of decisions provide guidance for clinicians wishing to aid their own patients, and those involved as expert witnesses. These cover which conditions are included as impairments (almost everything in ICD–10), what associated effects are to be considered, and the relevance of comorbidity and treatment. Cases often involve recovery of clinical documents that reveal interesting variation in professional standards.Clinical ImplicationsVirtually all patients of psychiatrists in secondary care would be covered by the DDA. Knowledge of this Act could be used to enhance a patient's access to employment and services, and potentially overcome some of the effects of stigmatisation.

What’s in a Name?

2021 ◽  
pp. 530-544
Author(s):  
Bree Hadley
Keyword(s):  
Historical Record ◽  
Disability Rights ◽  
Disabled People ◽  
Past Work ◽  
The Past ◽  
The Disabled ◽  
The Media ◽  
And Performance ◽  
The Impact ◽  
People Today

In the past three decades disabled scholars, artists, and their allies have highlighted the politics of representing the disabled body in theater, film, literature, museums, and the media. They have begun to address a problematic legacy of visibility-without-agency by advocating for positive self-representations of disabled people across a range of arts practices. Terms like disabled, handicapped, and crippled have been critiqued and in some cases reclaimed to articulate the distinctiveness of crip culture and performance. Terms like disability arts, arts and disability, artists with disability, and disability-led arts practice have been applied to politicized performance by disabled artists. This chapter argues that such terms have in effect become politicized performative gestures in their own right, which enact and guide the enactment of a disability rights agenda. It examines how artists’, archivists’, and historians’ efforts to relabel past work—to redact offensive labeling of disabled people as other from the historical record—is impacting our understanding of the evolution of this field of politicized practice. It also examines the impact changing ways of labeling art about, with, and by disabled people today is having. Labels certainly can be critical political gestures, designed to achieve critical maneuvers at critical moments in time, along the trajectory toward rights for disabled people. However, the idea that labels will serve in perpetuity, both in prospect and in retrospect, in wholly unproblematic ways, is less certain. In this sense, labels designed to support specific political shifts may always be “right for now” rather than “right forever.”

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