Disability

This submission contains the DLA's views how the equaity bill should tackle disability equality.

Catherine Casserley has now made her papers on the Malcolm decision, which were presented at this month's PGM available to DLA members

The House of Lords in Mayor and Burgesses of the London Borough of Lewisham v Malcolm has just overturned one of the key tests in disability discrimination cases - to the detriment of many claimants.

Cathy Casserley of Cloisters Chambers, one of the team on Malcolm and former policy expert at the Disability Rights Commission, will speak and lead a discussion on the implications of Malcolm and how to proceed in practice.

 

 

 

January 2007

The Disability Discrimination Act 2005 amended the Disability Discrimination Act 1995 (DDA) to insert the disability equality duty – known as the general duty – into the Act. The duty is aimed at tackling systemic discrimination, and ensuring that public authorities build disability equality into everything that they do. In addition, the Equality Act has introduced a similar duty on public authorities in relation to gender.

This PGM led by Catherine Casserley of the DRC and Jill Brown of Outer Temple Chambers examines the requirements of the duties and looks at how they might be used more generally in litigation carried out on behalf of disabled people and in litigation dealing with gender issues. Briefing 445, Vol.31 contains notes from the meeting.

May 2006

Meeting the definition of disability - the "passport" to being protected by the Disability Discrimination Act 1995 (the Act) - continues to be the subject of many of the cases heard by the Employment Appeal Tribunal. The Disability Discrimination Act of 2005 amended the definition of disability in December 2005, and new Guidance comes into effect in May regarding definitions of disability, which must be taken into account by courts and tribunals.

Catherine Casserley, Barrister-at-law, Senior Legislation Adviser Disability Rights Commission, presents a paper looking at the caselaw on definition and the new guidance.

In its submission to the EC, the DLA makes a number of specific recommendations regarding the text of this proposed Directive, specifically in the areas of exceptions, positive action, victimination, multiple discrimination, equality bodies, and public procurement.

The DLA strongly recommends that these changes are introduced via a single Directive covering all four grounds of discrimination (religion or belief, age, disability, and sexual orientation), rather than separate Directives for each ground. We believe that a single Directive will aid legal clarity and transparency from the perspective of individuals, employers and service-providers. In addition, a single Directive is a better response to the situation of those who experience multiple discrimination. The DLA raises the concern that the introduction of a further Directive does not lead to any regression from the level of protection already guaranteed in the existing Directives.

January 2008