Disability Discrimination Act 1995 – UK

Question:

Does anybody have knowledge or experience of asthma being a condition covered by this Act? I’m applying for a new job and have to fill in a form advising if I have a disability, as I would automatically get an interview if I had the necessary experience. A friend in personnel said that asthma could be covered by the DDA as it meets three criteria: 1.     Is a physical impairment which has a substantial (i.e. more than just trivial or minor) and long term (i.e. which has lasted or is likely to last 12 months or more) adverse effect on a person’s ability to carry out normal day-to-day activities. 2.    Is an impairment where the effects can fluctuate but are likely to recur or might have very slight effects initially but which are likely to worsen over time. 3.    Where an impairment are controlled by medication, or treatment, a person will be regarded as disabled if they would otherwise have met the definition. I’ve never heard of this.  I don’t consider myself disabled and won’t be declaring myself as such, but I am curious as to whether my friend is right.

Response:

> Does anybody have knowledge or experience of asthma being a condition > covered by this Act?

See: http://www.lowpayunit.org.uk/eras/advice/disabilityact.shtml Employment and the Disability Discrimination Act "The DDA makes it unlawful for an employer with 15 or more staff to discriminate against employees or job applications because they are disabled. Disability is given a specific definition in the DDA:a physical or a mental impairment which has a substantial, long term, adverse affect on a person’s ability to carry out normal day to day activities. it will depend simply on how the condition affects your ability to carry out normal day to day activities. Conditions such as asthma, or depression for which you are receiving treatment, have been found by employment tribunals to be disabilities, but they will not necessarily be so in every case. To be covered, your condition must have an impact on one or more of the following: your mobility; manual dexterity; physical co-ordination; continence; ability to lift, carry or otherwise move everyday objects; speech, hearing or eyesight, memory or ability to concentrate, learn or understand, or your perception of risk or physical danger." If your asthma is moderate and under control, I wouldn’t list it as a disability on a job application. It just acts as a red flag whereby they come up with some other reason to reject you. In the US, there is a similar law, ADA [Americans with Disabilaties Act]. Ellis

Response:

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