The Disability Discrimination Act – Important Amendments

Now that employment tribunals have had the opportunity to consider the impact, application and interpretation of the Disability Discrimination Act 1995, December 2005 saw a number of important amendments.

The DDA 2005 extends the definition of disability to cover, effectively from the point of diagnosis, people with HIV infection, cancer or multiple sclerosis.

Provisions taking immediate effect include protection from discrimination on grounds of having cancer, HIV or MS. Employees are protected from direct discrimination, victimisation or failure to make reasonable adjustments.

However, the issue that remains under consideration is the governments power to exclude “minor” cancers which have not previously been categorised as disabilities and for which quick and effective treatments are available.

Whether the government opts to exercise this power remains uncertain, however, it seems likely that they may want to exclude some of these minor cancers.

Further, the 2005 amendment will end the prerequisite that a mental illness be “clinically well recognised” before being regarded as an impairment under the DDA 1995.