How does the disability discrimination legislation affect you?

The importance of equal rights for disabled people has been given increasing recognition and attention in recent years. The act offers the right to fair employment: This applies to firms which employ 15 people or more and covers recruitment, working terms and conditions, dismissal and redundancy. It also includes a right to have ‘reasonable’ adjustments made to premises or workstations by employers.

Most of the rights are contained in the Disability Discrimination Act, which was passed in 1995 and came into force in full in 2004, however the act is about to be extended to become law by 2006 to include those diagnosed with cancer, HIV and multiple sclerosis. At present, those suffering from one of these conditions is only protected if they can show that it "substantially and adversely" affects their ability to carry out normal day-to-day activities - a diagnosis alone isn't enough. The new act will give them automatic protection on diagnosis.

The kinds of disabilities covered under the act include:

• Physical disabilities that affect movement and the senses, such as sight and hearing
• Mental illnesses, depression and learning disabilities
• Severe disfigurement
• Progressive conditions such as HIV or multiple sclerosis

Conditions that are not covered in the act include:

• Alcohol, nicotine or drug dependence, unless the drug has been prescribed
• Hay fever

What should you do? If you're concerned about your employees health, issue a pre-employment health questionnaire. Do this before the interview as it will allow you to discuss what, if any, reasonable adjustments will be required.

More Information: Government Guidance | BBC iCan