The 1995 Disability Discrimination Act (DDA) was the first piece of anti-discrimination legislation in the UK concerning disability. Among other things, the DDA made it unlawful to discriminate against a disabled person in connection with employment.

What counts as a disability?

According to the DDA, a person has a disability if he or she has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.

This definition has four elements, all of which must be satisfied for a person to make a claim under the DDA (with the exception of victimisation claims, which can be brought by all).

• The person must have a condition that constitutes a physical or mental impairment.
• The condition must be long term: it must have lasted for at least a year or be likely to do so.
• The condition must have an adverse effect on the person's ability to carry out normal day-to-day activities.
• The adverse effect must be substantial – not minor or trivial. The effects of medical treatment should be disregarded when considering this.

People who are blind or partially sighted, or who have cancer, multiple sclerosis or HIV do not have to demonstrate that they meet the four elements of the definition.

The law surrounding the definition is quite complex, so if you're unsure about your rights, visit the Commission for Equality and Human Rights (CEHR) for more information.

Your rights at work

Part II of the DDA covers employment, and the provisions apply both to people who work for an employer and to applicants for employment.

It is against the law for an employer to treat a disabled worker less favourably than other employees for a reason relating to that person's disability. Not offering a disabled person the opportunity to go on a training course because the course is in an inaccessible building, or dismissing a disabled person who is off sick are both examples of less favourable treatment.

The DDA covers:

• your chances for promotion, transfer, training and benefits
• unfair treatment compared with other workers
• harassment and victimisation
• unfair dismissal.

Reasonable adjustments

Your employer has a duty to make reasonable adjustments to premises and working practices to ensure you are not at a substantial disadvantage compared with others. These may include:

• making adjustments to premises, such as lowering light switches to place them within easy reach or ensuring access routes are free of clutter
• being flexible about working hours and allowing time off for treatment
• providing appropriate equipment, such as a phone with a text display
• making instructions and manuals more accessible, for example providing a braille version for a blind person
• providing a reader or interpreter.

Applicants for employment

The DDA also covers you while making applications. A prospective employer must make sure that they do not treat a disabled person less favourably than others because of their disability. For example, it would be unlawful to refuse to interview a disabled applicant or appoint a disabled person because they are disabled.

Employers should discuss your needs with you, but may consider, for example, making application forms available in a variety of formats, such as braille or audio tape, or conducting the interview in accessible premises.

Are all employers covered?

Since October 2004, all employers have been covered by the DDA, no matter how many staff they employ. Contract workers, the police, the fire services, partners in partnerships and barristers and their pupils are all covered. In addition to this, there is protection for people on work placements.

The employment provisions also cover other bodies, such as trade organisations, qualifications bodies and organisations that provide employment services, such as Jobcentre Plus. Serving members of the armed forces are not covered.