What do I need to know about the Equality Act and Access Audits?
The Equality Bill received Royal Assent in April 2010. The Equality Act 2010 brings together 116 different pieces of equality law into one piece of legislation, covering race, disability, gender, age, sexual orientation, gender reassignment and religion or belief.
What is the Equality Act?
The Equality Bill received Royal Assent in April 2010. The Equality Act 2010 brings together 116 different pieces of equality law into one piece of legislation, covering race, disability, gender, age, sexual orientation, gender reassignment and religion or belief. The Act also contains other duties such as dual discrimination and an extended public sector Equality Duty. The aim was to make it more consistent, clearer and easier to follow, to help protect the rights of individuals and promotes a fair and more equal society.
How does this affect the Disability Discrimination Act (DDA)?
The Equality Act has replaced the DDA 1995 and 2005. The changes include new provisions on direct discrimination, discrimination arising from a disability, indirect discrimination and harassment. A disability is defined as “a physical or mental impairment that has substantial and long term adverse effect on the ability to carry out normal day to day activities.” The definition of a disability will not broaden as recommended by the Disability Rights Commission, but the list of capacities used to determine day-to-day activities will be removed. This means that to qualify for protection from discrimination a disabled person doesn’t have to show that their impairment affects a particular activity. For example speech, mobility sight etc.
Who does the Equality Act protect with regard to disability?
The Act protects anyone who has or has had a disability. It also protects people who do not personally have a disability from being harassed or discriminated against because of their association with a disabled person, or who are mistakenly thought to be disabled.
Equality Act Chapter 2 sub section 25 references the main areas that cover disability discrimination. Direct discrimination, harassment and victimisation has been covered by legislation in the past, although the last two have had some amendments made under the Equality Act. Associative discrimination, discrimination by perception, indirect discrimination and harassment by a third party are all new to the Equality Act.
What sectors have to consider disability?
The Act is applicable to all service providers in Great Britain; it does not apply to Northern Ireland. It also applies to employers, qualifying bodies, education, public transport and private clubs/associations with 25 or more members. Under the Act employers, service providers, qualifying bodies and educational sectors are required to make reasonable adjustments and to provide auxiliary aids. Careful planning needs to take place to ensure that these sectors address potential barriers that may prevent disabled people using their services/ facilities.
Reasonable adjustments depend on different circumstances, including cost of the adjustment, the benefit resource and how practicable the changes are. Service providers need to think ahead and address barriers that prevent disabled people from using their services. One way to determine barriers is to carry out an access audit.
There are no definitive rules in access audits. Every building and situation requires a tailored approach and solution. The nature of what's reasonable for your building can itself be varied. The access audit incorporates a physical inspection of your premises and a discussion on what individual challenges a disabled person may face accessing it.
When selecting a partner for your access audits, ensure they assess the policies and procedures you may have in place. Following your audit, you should be provided with a detailed report on the current condition of your building with regard to disability access. This should include potential barriers for people with disabilities who access your building and provide actions tailored to your specific requirements. The actions may have varied time scales allowing you to manage the most important first, and also to plan for future changes and refurbishment.
This guide is of a general nature; specific advice can be obtained from Assurity Consulting by calling tel. 01403 269375 or by email firstname.lastname@example.org