Disability discrimination law

It is against the law to discriminate against disabled people in various areas of their lives. The Disability Discrimination Act 2005 introduced a proactive duty on public authorities to promote disability equality.  This duty means that public authorities must, in carrying out all their functions, have due regard to the following:

• the need to eliminate discrimination and harassment that is unlawful under the Act;  
• the need to promote equality of opportunity between disabled persons and other persons; 
• the need to take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons.

This duty builds upon the duties presently in the Disability Discrimination Act 1995, including the duty to make “reasonable adjustments” to ensure that disabled people can access employment and occupation, education, goods, facilities, services, functions and premises.  However, it goes beyond the non-discrimination duties in the Act, to the active promotion of equality of opportunity.