Thios is a fairly grey area.
Under the DDA KC is a recognized condition, however that lawful definition of a disability is:
DDA wrote:Am I a disabled person under the DDA?
To be protected by the Disability Discrimination Act (DDA), you must show that you are disabled as defined by the Act. Unless you count as a disabled person under the terms of this law, you cannot make a claim for disability discrimination.
* The definition of disability
* Physical impairment
* Mental impairment
* Substantial adverse effect
* Long term
* Normal day-to-day activities
* Past disability
* Progressive conditions
* Severe disfigurement
* The DDA does not include...
* Who decides?
The definition of disability
The DDA says that a disability is a physical or mental impairment:
* which has a substantial
* and long-term
* adverse effect on your ability to carry out normal day-to-day activities.
Physical impairment
A physical impairment can include a sensory impairment such as a visual or hearing impairment.
Some physical impairments automatically meet the definition of disability:
* People who are registered blind or partially-sighted
* People with severe disfigurements (for more information, see below)
Mental impairment
Mental impairment is not defined in the DDA but includes a wide range of impairments relating to mental functioning, including learning disabilities.
A mental impairment could be a life-long condition such as Down's syndrome or dyslexia (but depending on how severe the dyslexia is).
A mental impairment could also be a mental illness, for example depression, schizophrenia, bi-polar disorder and post-traumatic stress disorder.
Substantial adverse effect
You must also show that your impairment – whether physical or mental – has a 'substantial adverse effect' on your ability to carry out day-to-day activities.
Substantial means 'more than minor or trivial'. Adverse means very unfavourable. To decide if an impairment has a substantial adverse effect on your day-to-day activities, think about:
* the total, overall effects of your impairment (for example, if you have mild cerebral palsy you might have minor effects in a number of areas such as poor visual perception, poor co-ordination and balance and difficulties walking when tired but when these all happen together, the impact on you might be substantial)
* the overall effects of having more than one impairment
* the effect of factors such as temperature, time of day, humidity and tiredness
* the effect of any treatment or coping strategies. This is important because even when an impairment is being treated (for example, by medication or physiotherapy) or corrected the impairment should be assessed on the effects the disability would have without any treatment or corrective action. Think about what effects your disability would have on your day-to-day activities if you were not receiving any treatment.
Long term
You must also show that the effects of your impairment are long-term. This means that the effects of your impairment(s):
* must have lasted for at least 12 months,
OR
* is likely to last for at least 12 months
Sometimes the effects of an impairment disappear for a while then return; in other words they fluctuate. Fluctuating conditions are covered by the definition of disability, as long as the substantial adverse effects are more likely than not to come back again.
Normal day-to-day activities
The DDA states that one or more of the following must be affected in a substantial and adverse way:
* 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
* perception of the risk of physical danger
A normal day-to-day activity is something that is 'normal' for most people, and that is carried out on a daily or regular basis.
Normal day-to-day activities do not include activities that are only normal for a particular person or a group of people. The DDA does not count work and hobbies as normal day-to-day activities. This is because no particular job or hobby is 'normal' for most people.
However, some activities you carry out whilst at work or as part of a hobby, for example, writing - would be included.
When thinking about whether an impairment affects your normal day-to-day activities, think about:
* tasks you cannot do
* tasks you avoid doing
* the time and effort you spend on a task or activity
* any indignity, discomfort or pain you experience while doing a task
Examples of a substantial, adverse effect on normal day-to-day activities could include:
* difficulty in lifting or carrying shopping
* difficulty in going up or down stairs or steps
* inability to use a knife and fork at the same time
* frequent loss of control of the bowels
* inability to speak clearly enough to give basic instructions to another person
* inability to hear and understand another person speaking clearly over the telephone
* inability to write a cheque without help
* persistent inability to remember the names of familiar people such as family or friends
Past disability
Sometimes non-disabled people are discriminated against because of an impairment they had in the past. You are protected by the DDA, if you met the definition of disability at some time in the past. You would have to show that your impairment lasted for at least 12 months, and had a substantial adverse effect on your day-to-day activities at that time.
Progressive conditions
Some conditions are described in the DDA as 'progressive' conditions.
Some progressive conditions – cancer, multiple sclerosis and HIV infection – count as a disability from when you first develop the condition.
Other types of progressive conditions (for example, Hodgkinson's disease or motor neurone disease) are covered by the DDA as soon as the condition has some effect on your ability to carry out normal day to day activities. This effect does not need to be continuous or substantial now, but you must show that there is likely to be a substantial adverse effect at some point in the future.
Again, the effects of medical treatment are ignored, so if you receive treatment for a progressive condition, what counts is the effects of the condition without treatment.
Severe disfigurement
People with severe disfigurements are covered by the DDA and do not need to prove any effect on their day-to-day activities.
Not all disfigurements will be considered 'severe'. Scars, birthmarks, limb or postural deformation or skin disease could be severe disfigurements. Whether or not they are 'severe' may depend partly on where they are on your body, for example a birthmark on your back may not be a severe disfigurement, whereas a similar mark on your face might be considered severe.
Tattoos and decorative body piercings are excluded from the definition of severe disfigurement.
The DDA does not include...
The DDA says the following conditions are not disabilities:
* a tendency to start fires or steal
* exhibitionism
* voyeurism
* a tendency to inflict physical or mental abuse
* addictions to substances such as alcohol and nicotine (tobacco) are excluded from the definition, unless they have resulted from medical treatment. For example, an addiction to prescribed painkillers could be covered by the definition if it meets all the conditions outlined above.
Under the DDA I was recognized as being disabled, and am still covered by the DDA. However the only person who can ultimately have the definitive word as to who is or is not disabled is a Judge or Employment Tribunal Chairman.
