How do I know if my disability is covered by the DDA?
The Disability Discrimination Act (DDA) says you have to show that you have 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. We examine each of these issues in turn:
- Impairment. Individual physical impairments are not listed in the DDA itself, nor in the Code of Practice. Recent court cases are building a body of law on the meaning of impairment. They have applied the DDA to: back disorders, depression, asthma and ME (chronic fatigue syndrome). 'Mental impairment' also includes learning difficulties.
- Long-term means the disability must have lasted, or can be expected to last, at least 12 months or, indeed, for the rest of your life.
- People with a fluctuating condition that is likely to recur within 12 months are covered.
- People with progressive conditions, such as cancer, multiple sclerosis or HIV, are included from their diagnosis.
- Normal day-to-day activities include:
- Mobility.
- Manual dexterity.
- Continence.
- Ability to lift, move or carry everyday objects.
- Speech.
- Hearing.
- Sight.
- Memory.
- The ability to learn, understand or concentrate.
- The perception of risk or physical danger.
People who have had a disability within the definition continue to be protected by the DDA even if they have since recovered.