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What is the Disability Equality Duty?

The Disability Equality Duty is part of the Disability Discrimination Act (DDA).

It came into effect on December 4 this year and requires public sector organisations to promote equal opportunities for disabled people. This means everyone working in hospitals, schools, in the police and local councils will be required by law to consider how their work affects disabled people and to take action to tackle any inequality.

Why has it been brought in?

When you need to see a doctor, visit your local library or access any sort of service, you have a right to expect it to be delivered in ways that are appropriate to your needs. After all, the core value of a public service is that all citizens should benefit. Yet for many disabled people this doesn't happen and there's a lot still to be done to successfully challenge this sort of inequality.

The DDA has already ensured that disabled people have individual rights, but institutionalised discrimination remains a key barrier. For example, an employer's attitude towards disability could mean that a disabled person is unable to get a job with career prospects. The Disability Equality Duty will tackle this sort of inequality by getting organisations to look critically at the way they work and the services they provide.

Who does it affect?

Everyone working in the public sector, including nurses and teachers, will have a duty to promote equality for disabled people. Organisations must lead by example and take responsibility for making change happen.

What do people need to do?

There are four key elements to the duty, which require public authorities to carry out their functions with 'due regard' to the need to:
- eliminate unlawful disability discrimination and disability-related harassment;
- promote equality of opportunity for disabled people, taking steps to take account of disabled people's disabilities;
- promote positive attitudes;
- encourage disabled people to take part in public life In order to show how they will do this significant public sector organisations, including the police, had to produce a disability equality scheme setting out how they would implement the duty.

Can you give me a real example?

Firstly, it is important to remember the phrase 'due regard' here, as it recognises that the duty is not the only thing to consider. For example, while an employer should only fill positions with appropriately qualified candidates, they will have a duty to encourage disabled people to participate in public life. So, they should consider what steps might make the recruitment process accessible to disabled candidates. They will need to think about whether to advertise the post where disabled people will see it and how they can encourage them to apply.

The duty extends beyond the recruitment process. Promoting positive attitudes among staff towards their disabled colleagues will help to make organisations places where disabled people want to come and work. This must go further than just eliminating discrimination - the duty is about actively promote positive attitudes towards disabled people, for example by providing disability equality training.

What happens if an organisation doesn't comply?

There will be a legal duty on public authorities and there will be penalties for non-compliance. Public sector organisations that fail to apply the duty properly may face legal action and failure to publish an adequate disability equality scheme could result in enforcement action by the Disability Rights Commission.

What difference will it make?

For the first time, everyone from nurses on the front line to ministers making policies will have to take responsibility for rooting out any institutional disability-related discrimination that exists in their practices and procedures. The Disability Equality Duty is not just about getting people to put ramps at the entrances to buildings and producing leaflets in alternative formats on request, although these things are often necessary.

Promoting equality for disabled employees and encouraging disabled people to apply for jobs are just two examples of how public sector organisations can help to promote equality. It's about getting people to consider the needs of disabled people from the start as they plan, deliver and monitor their services.