be reviewed and evaluated within five years of the DDA's enactment, with a possible recommendation to include all employers regardless of size.37
How is disability defined in the DDA?
Disability is defined as a physical or mental impairment which has a substantial and long-term adverse effect on a person's ability to carry out normal daily activities. Mental impairment includes memory or ability to concentrate, learn, or understand. Mental illness is covered by the DDA providing that it is recognised by a respected body of medical opinion. Mental health problems ranging from schizophrenia and manic depression to panic disorders and various depressive conditions are within the scope of the DDA.38
Long-term refers to a disability lasting at least 12 months. Individuals disabled due to recurring or episodic conditions are covered if the substantial adverse effects are likely to recur beyond twelve months after the first occurrence. For example, this could include someone with manic depression (or bipolar disorder), who has an episode lasting a few weeks followed by a period of recovery. An individual whose symptoms are controlled by medication may also be covered.39 A person who has recovered from a disability, which is covered by the DDA, is also protected. For example, it would be unlawful to discriminate against a job applicant or employee who had been diagnosed with clinical depression five years previously and had recovered.
What is not a disability?40
Under the DDA the following are not covered or considered to be a disability:
*disfigurements such as tattoos and non-medical piercings;
*exhibitionism and voyeurism;
*hayfever, if it does not exacerbate an already existing condition
*tendency to steal, set fires and physically or sexually abuse others;
*addiction to or dependency on alcohol, nicotine or any other substance,
other than as a result of the substance being medically prescribed. However
a condition could be covered if it was caused by an addiction such as liver
damage or lung cancer.
What is reasonable adjustment?
According to the DDA, the employer is responsible for making a reasonable adjustment if an applicant with a disability is at a substantial disadvantage in relation to others. This applies to physical features of the workplace and to all aspects of employment, such as recruitment, selection, training, transfer, career development, and retention. 41
The DDA lists examples of adjustments which employers may have to make. This list is not meant to be comprehensive. The act recognises that there will be situations which call for adjustments which do not fall under any of these categories.
The DDA recognizes that various factors determine whether it is reasonable for an employer to make an adjustment. Some of these factors are:
*how effective is the adjustment in assisting the employee with his/her work duties;
*the financial cost and level of disruption at the workplace; the employer's financial resources; and the availability of financial assistance for the employer.43
Assistance is provided towards the extra costs of employing someone with a disability through the Access to Work Programme run by the Employment Service of the Department for Education and Employment. It is available to
