What is disability? A
definition…The Disability
Discrimination Act 1995
1. WHAT IS A DISABILITY? A person with a life expectancy of less than
12 months is, of course, covered if the effect
Please note that this fact sheet gives is likely to last for the whole of that time.
general guidance only and should not be
treated as a complete and authoritative A normal day to day activity: this is
statement of the law. something which is carried out by most
people on a fairly regular and frequent
The thinking behind the Disability basis, such as washing, eating, catching a
Discrimination Act (DDA) is that it should bus or turning on a television. It does not
protect people who would generally be mean something so individual as playing a
regarded as disabled. This is why the musical instrument to a professional
DDA defines disability as a: standard or doing everything involved in a
particular job.
“physical or mental impairment, which
has a
substantial and long-term adverse effect 2. WHAT SORT OF EFFECT MUST
on a person's ability to carry out normal day THERE BE?
to day activities”.
The person must be affected in at least one
Physical impairment: this includes, for of the respects listed in the DDA: mobility;
instance, a weakening of part of the manual dexterity; physical coordination;
body (eyes, ears, limbs, internal organs etc.) continence; ability to lift, carry or otherwise
caused through illness, by accident or from move everyday objects; speech, hearing or
birth. Examples would be blindness, eyesight; memory or ability to concentrate,
deafness, paralysis of a leg or heart learn or understand; or perception of risk of
disease. physical danger.
Mental impairment: this includes mental ill
health and what is commonly known as 3. WHAT HAPPENS IF THE EFFECTS
learning disability. ARE REDUCED BY MEDICATION OR
OTHER TREATMENT?
Substantial: put simply, this means the
effect of the physical or mental impairment Broadly speaking, the effects that matter are
on ability to carry out normal day to day those that would be present if there
activities is more than minor or trivial. It does was no medication or treatment taking
not have to be a severe effect. place. The exception is people who wear
spectacles or contact lenses when what
Long-term adverse effect: the effect has to matters is the effects that remain while the
have lasted, or be likely to last, overall for at spectacles or contact lenses are being used.
least 12 months and the effect must be a
detrimental one.
Increasing the diversity of the FE System Workforce: Strategic Support
4. ARE THERE ANY TYPES OF • tendency to set fires, or steal, or physically
CONDITION COVERED BY SPECIAL or sexually abuse other persons;
PROVISIONS IN THE DDA?
• exhibitionism and voyeurism;
Yes, because some people with particular
conditions might otherwise not be • severe disfigurements consisting of
counted as disabled. These are provisions tattoos, non-medical body piercing or
covering: attachments to such piercing are not treated
as having substantial adverse effects.
• recurring or fluctuating conditions such as
arthritis, where the effects can sometimes
be less than substantial, which are treated 6. WHAT IF SOMEONE HAS RECOVERED
as continuing to have a substantial adverse FROM A DISABILITY?
effect so long as that effect is likely to recur;
Much of the DDA also applies to people who
• conditions which progressively deteriorate, have had a disability in the past (for
such as motor neuron disease, example, someone who was disabled by
which count as having a substantial adverse mental ill health) but have now fully
effect from the first time they have any effect recovered. People who were registered
at all on ability to carry out normal day to disabled under the Disabled Persons
day activities even if it is not substantial, so (Employment) Act (Northern Ireland) 1945
long as there is eventually likely to be a both on12 January 1995 and 2
substantial adverse effect; and December 1996 will be regarded as having
had a disability in the past, if they do
• severe disfigurements, which are treated not in any case fall within the definition of
as having substantial adverse effects on the DDA.
ability to carry out normal day to day
activities, even if they have no actual effect
at all. 6. WANT FURTHER HELP?
More information is available about
• People with cancer, HIV, or multiple
employing disabled people from:
sclerosis are deemed to be disabled people
from the point of diagnosis, regardless of
The Equality Commission for Northern
whether or not they have any symptoms.
Ireland
Promotion and Education Division
Equality House,
5. ARE ANY CONDITIONS NOT
7-9 Shaftesbury Square
COVERED?
Belfast, BT2 7DP
Yes, the following conditions specifically do
Telephone: 028 90 890 890
not count as impairments:
Textphone: 028 90 500 589
Fax: 028 90 248 687
• addiction to or dependency on alcohol,
nicotine or any other substance
Email: information@equalityni.org
(unless resulting from the substance being
Web:
medically prescribed);
http://www.equalityni.org/site/default.asp?se
cid=home
• seasonal allergic rhinitis (e.g. hay fever)
unless it aggravates the effect of another
condition; FOR NORTHERN IRELAND
Increasing the diversity of the FE System Workforce: Strategic Support