The UK situation on Disability Discrimination in relation to website design is primarily defined in two Statutes, several Codes of Practice, and several Guidelines.
The Disability Discrimination Act 1995 defines civil liabilities applying to nearly all service providers offering websites to the public. Which means that the website provider will be liable to be sued in the civil courts by a disabled person who has suffered discrimination, and who can seek damages and compensation.
The Disability Discrimination Act 2005 puts a greater obligation specifically on just Public Authorities. This makes it an actual offence, punishable in the courts, for a Public Authority to discriminate. The actual definitions of discrimination remain almost the same as in the 1995 Act.
We have extracted from the text of each act the sections which seem likely to be applicable to website design, as follows :
Disability Discrimination Act 1995
1. Meaning of “disability” and “disabled person”.
(1) Subject to the provisions of Schedule 1, a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
(2) In this Act “disabled person” means a person who has a disability.
3. Guidance.
(1) The Secretary of State may issue guidance …..
(2) The guidance may, among other things, give examples of
(a) effects which it would be reasonable, in relation to particular activities, to regard for purposes of this Act as substantial adverse effects;
19. Discrimination in relation to goods, facilities and services.
(1) It is unlawful for a provider of services to discriminate against a disabled person—
(b) in failing to comply with any duty imposed on him by section 21 in circumstances in which the effect of that failure is to make it impossible or unreasonably difficult for the disabled person to make use of any such service;
(c) in the standard of service which he provides to the disabled person or the manner in which he provides it to him;
(2) For the purposes of this section and sections 20 and 21—
(a) the provision of services includes the provision of any goods or facilities;
(b) a person is “a provider of services” if he is concerned with the provision, in the United Kingdom, of services to the public or to a section of the public; and
(c) it is irrelevant whether a service is provided on payment or without payment.
(3) The following are examples of services to which this section and sections 20 and 21 apply—
(b) access to and use of means of communication;
(c) access to and use of information services;
(f) facilities for entertainment, recreation or refreshment;
(h) the services of any profession or trade, or any local or other public authority.
20.
Meaning of “discrimination”.
(1) For the purposes of section 19, a provider of services discriminates against a disabled person if—
(a) for a reason which relates to the disabled person’s disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply; and
(b) he cannot show that the treatment in question is justified.
21.
Duty of providers of services to make adjustments.
(1) Where a provider of services has a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled persons to make use of a service which he provides, or is prepared to provide, to other members of the public, it is his duty to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to change that practice, policy or procedure so that it no longer has that effect.
(2) Where a physical feature (for example, one arising from the design or construction of a building or the approach or access to premises) makes it impossible or unreasonably difficult for disabled persons to make use of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to—
(a) remove the feature;
(b) alter it so that it no longer has that effect;
(c) provide a reasonable means of avoiding the feature; or
(d) provide a reasonable alternative method of making the service in question available to disabled persons.
(4) Where an auxiliary aid or service (for example, the provision of information on audio tape or of a sign language interpreter) would—
(a) enable disabled persons to make use of a service which a provider of services provides, or is prepared to provide, to members of the public, or
(b) facilitate the use by disabled persons of such a service,
it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to provide that auxiliary aid or service.
(6) Nothing in this section requires a provider of services to take any steps which would fundamentally alter the nature of the service in question or the nature of his trade, profession or business.
(7) Nothing in this section requires a provider of services to take any steps which would cause him to incur expenditure exceeding the prescribed maximum.
(8) Regulations under subsection (7) may provide for the prescribed maximum to be calculated….
25.
Enforcement, remedies and procedure.
(1) A claim by any person that another person—
(a) has discriminated against him in a way which is unlawful under this Part; or
(b) is by virtue of section 57 or 58 to be treated as having discriminated against him in such a way,
may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
(2) For the avoidance of doubt it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Part may include compensation for injury to feelings whether or not they include compensation under any other head.
Part VII
Supplemental
53A.
Codes of practice.
(1) The Disability Rights Commission may prepare and issue codes of practice giving practical guidance on how to avoid discrimination, or on any other matter relating to the operation of any provision of Part 2, 3 or 4, to—
(b) service providers;
(4) A failure on the part of any person to observe any provision of a code does not of itself make that person liable to any proceedings.
(5) A code is admissible in evidence in any proceedings under this Act before an industrial tribunal, a county court or a sheriff court.
SCHEDULE 1
Provisions Supplementing Section 1
4. — (1) An impairment is to be taken to affect the ability of the person concerned to carry out normal day-to-day activities only if it affects one of the following
(b) manual dexterity
(c) physical co-ordination
(e) ability to lift, carry or otherwise move everyday objects
(f) speech, hearing or eyesight
(g) memory or ability to concentrate, learn or understand
Disability Discrimination Act 2005
2 Discrimination by public authorities
In the 1995 Act, after section 21A there is inserted—
“Public authorities
21B Discrimination by public authorities
(1) It is unlawful for a public authority to discriminate against a disabled person in carrying out its functions
(2) In this section, and sections 21D and 21E, “public authority”
(a) includes any person certain of whose functions are functions of a public nature; but….
21D
Meaning of “discrimination” in section 21B
(1) For the purposes of section 21B(1), a public authority discriminates against a disabled person if—
(a) for a reason which relates to the disabled person’s disability, it treats him less favourably than it treats or would treat others to whom that reason does not or would not apply; and
(b) it cannot show that the treatment in question is justified under subsection (3), (5) or (7)(c).
(2) For the purposes of section 21B(1), a public authority also discriminates against a disabled person if—
(a) it fails to comply with a duty imposed on it by section 21E in circumstances in which the effect of that failure is to make it—
(i) impossible or unreasonably difficult for the disabled person to receive any benefit that is or may be conferred, or
(ii) unreasonably adverse for the disabled person to experience being subjected to any detriment to which a person is or may be subjected,
by the carrying-out of a function by the authority; and
(b) it cannot show that its failure to comply with that duty is justified under subsection (3), (5) or (7)(c).
(3) Treatment, or a failure to comply with a duty, is justified under this subsection if—
(a) in the opinion of the public authority, one or more of the conditions specified in subsection (4) are satisfied; and
(b) it is reasonable, in all the circumstances of the case, for it to hold that opinion.
(4) The conditions are—
(c) that, in the case of treatment mentioned in subsection (1), treating the disabled person equally favourably would in the particular case involve substantial extra costs and, having regard to resources, the extra costs in that particular case would be too great;
(5) Treatment, or a failure to comply with a duty, is justified under this subsection if the acts of the public authority which give rise to the treatment or failure are a proportionate means of achieving a legitimate aim.
21E
Duties for purposes of section 21D(2) to make adjustment
(1) Subsection (2) applies where a public authority has a practice, policy or procedure which makes it—
(a) impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or
(b) unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,
by the carrying-out of a function by the authority.
(2) It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to change that practice, policy or procedure so that it no longer has that effect.
(3) Subsection (4) applies where a physical feature makes it—
(a) impossible or unreasonably difficult for disabled persons to receive any benefit that is or may be conferred, or
(b) unreasonably adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,
by the carrying-out of a function by a public authority.
(4) It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to—
(a) remove the feature;
(b) alter it so that it no longer has that effect;
(c) provide a reasonable means of avoiding the feature; or
(d) adopt a reasonable alternative method of carrying out the function.
(6) Subsection (7) applies where an auxiliary aid or service would—
(a) enable disabled persons to receive, or facilitate the receiving by disabled persons of, any benefit that is or may be conferred, or
(b) reduce the extent to which it is adverse for disabled persons to experience being subjected to any detriment to which a person is or may be subjected,
by the carrying-out of a function by a public authority.
(7) It is the duty of the authority to take such steps as it is reasonable, in all the circumstances of the case, for the authority to have to take in order to provide that auxiliary aid or service.
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