Introduction

This chapter presents selected findings from some recent studies of the workings of the Disability Discrimination Act (DDA) (see Hurstfield et al, 2004). In particular, it focuses on the third of a series of studies, which looked at the Act's implementation through in-depth case studies of participants in cases and potential cases, although we also incorporate some findings from the first two studies (Leverton, 2002; Meager et al, 1999a)

The DDA came into force in December 1996. Under the employment provisions (Part Two of the Act), it is unlawful to treat a disabled employee less favourably than a non-disabled employee for a reason related to their disability, without justification. The Act also requires an employer to make ‘reasonable adjustments’ where the person concerned is at a substantial disadvantage compared with non-disabled people (failure to make such adjustments, without justification, is counted as discrimination).

This chapter focuses on the findings that relate to the employment provisions (Part Two) of the DDA, although the study also covered cases which were taken under the DDA provisions relating to goods and services (Part Three).

Patterns in DDA cases

Before outlining our in-depth qualitative findings from our most recent study, it is worth briefly summarising some quantitative findings from the two earlier studies.

The earlier studies showed that the number of cases registered under the employment provisions has steadily increased since the Act’s inception, as follows:

More recent data from the Employment Tribunals Service, compiled on a slightly different basis (Employment Tribunals Service, 2004) show further growth, although with evidence of some recent stabilisation:

Disability Discrimination Act cases are now running at a higher annual rate than race discrimination cases, and at between a third and a half of the annual rate of sex discrimination cases.

The two previous monitoring studies identified several patterns in DDA cases.

Characteristics of applicants in DDA cases

• • At 61%, men are over-represented among DDA applicants, compared with their representation among disabled people in employment, and among disabled people in the population of working-age.