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Journal articles on the topic 'Disability discrimination act 1992'

Author: Grafiati

Published: 4 June 2021

Last updated: 19 February 2022

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1

Pearce, Simone. "Disability discrimination in children’s sport." Alternative Law Journal 42, no. 2 (June 2017): 143–48. http://dx.doi.org/10.1177/1037969x17710623.

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This article examines how the Disability Discrimination Act 1992 (Cth) relates to children’s sport. More specifically, this article asks: how does the Disability Discrimination Act 1992 (Cth) address the treatment of children with disabilities participating in competitive sport? This article asserts that the ‘attitude’ in and around the construction of sport is framed in the ableism perspective that assumes ability. While there are specific disability sports, with rules designed to accommodate the different attributes people may possess, this article focuses on the nature and quality of access to, and experience in, sport that is not disability specific (mainstream sport), and argues that the law fails to protect children with disability being treated in a way that places them at a disadvantage. The primary concern raised by this article is that children with disability are not provided with fairness in competitive sport. This may be discriminatory.

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2

Hannon, Michelle. "Indirect Discrimination and the Disability Discrimination Act 1992 (Cth): Scott v Telstra Corporation Limited." Australian Journal of Human Rights 3, no. 1 (December 1996): 165–71. http://dx.doi.org/10.1080/1323238x.1996.11910974.

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3

Marshall, Kim. "Disability Discrimination and Higher Education in England and Wales and Australia Compared." International Journal of Discrimination and the Law 6, no. 4 (June 2005): 289–324. http://dx.doi.org/10.1177/135822910500600403.

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In its original form the provisions of the UK Disability Discrimination Act 1995 (DDA) contained little of practical help to students with disabilities. This situation was rectified when the Special Educational Needs and Disabilities Act (SENDA) was passed in 2001 becoming the new Part 4 of the DDA. From 2002 legal duties not to discriminate against students with disabilities came into effect. In the Commonwealth of Australia a very different attitude towards disability discrimination has been demonstrated by having legislation to combat disability discrimination in place since 1992, which included specific provisions on education from the outset. The purpose of this article is to examine the approach taken in both jurisdictions towards the use of the anti-discrimination statutes and consider the effectiveness of the legislation in preventing discrimination on the ground of disability in higher education. The paper will examine points of similarity and divergence in the respective systems regarding the application of anti-disability discrimination laws to higher education as well as look to the longer established jurisprudence of the Australian courts for potential guidance that may be helpful to the nascent Part 4 of the DDA and the types of issues that may arise.

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4

Bruyère, Susanne M., Sarah von Schrader, Wendy Coduti, and Melissa Bjelland. "United States Employment Disability Discrimination Charges: Implications for Disability Management Practice." International Journal of Disability Management 5, no. 2 (December 1, 2010): 48–58. http://dx.doi.org/10.1375/jdmr.5.2.48.

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AbstractIt is 20 years since the passage of the Americans With Disabilities Act, yet employment and economic inequities continue for people with disabilities. The purpose of this article is to inform and encourage disability management leading practices to contribute toward reducing these disparities. The approach is an examination of where in the employment process applicants and incumbent employees perceive employment disability discrimination, leading to the filing of charges against an employer. Employment disability discrimination claims filed by individuals over 15 years (1993–2007) with the United States (US) Equal Employment Opportunity Commission or state and local Fair Employment Practice Agencies are studied. The authors analyse employment discrimination charges by year, basis (i.e., protected class characteristics, such as disability, age, or race), issue (i.e., actions of the employer, such as discharge, hiring, or harassment), employer characteristics (i.e, size of business and industry sector), and joint filings under Title VII of the Civil Rights Act (gender, race/ethnicity, and religious discrimination) and the Age Discrimination in Employment Act (ADEA). Special attention is paid to where in the employment process people with specific impairments are perceiving discrimination. Implications of these research findings for the practice and administration of disability management and employer policies are discussed.

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5

Duncan, Jill, Renée Punch, Mark Gauntlett, and Ruth Talbot-Stokes. "Missing the mark or scoring a goal? Achieving non-discrimination for students with disability in primary and secondary education in Australia: A scoping review." Australian Journal of Education 64, no. 1 (February 19, 2020): 54–72. http://dx.doi.org/10.1177/0004944119896816.

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Australia has legislation in the form of the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of discrimination against students with disability in primary and secondary schooling. The review reports on the findings of a systematic search of law and education databases that identified 18 peer-reviewed articles discussing the legislation, relevant literature and related case law in the context of the education of students with disability in Australia. Content analysis of the articles indicated the existence of problems in several areas of the intersection between the law, policy and practice. These are outlined under five key themes: inclusion/exclusion, jurisdictions and definitions, the complaints-driven system, legislation clarity and reasonable adjustments. The review concludes with recommendations and suggestions for action.

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6

Goggin, Gerard, and Christopher Newell. "Crippling Competition: Critical Reflections on Disability and Australian Telecommunications Policy." Media International Australia 96, no. 1 (August 2000): 83–93. http://dx.doi.org/10.1177/1329878x0009600111.

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Telecommunications reform in Australia, and in particular the introduction of competition, is often claimed to have delivered benefits to consumers. From the perspective of people with disability, this competition so far can been seen as crippling rather than enabling. There have been some gains for telecommunications for people with disabilities over the past decade in particular —delivered by slowly changing corporate attitudes buttressed by the explicit reference to the requirements of the Disability Discrimination Act 1992 in the Telecommunications Act 1997. This article examines telecommunications and disability in Australia since 1975, and concludes that it is high time for a telecommunications and new media industry where measures of outcomes would include utilising the experiences and meeting the needs, expectations and aspirations of those who live with disability.

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7

Neilsen, G. A., and F. J. Young. "HIV/AIDS, Advocacy and Anti-Discrimination Legislation—The Australian Response." International Journal of STD & AIDS 5, no. 1 (January 1994): 13–17. http://dx.doi.org/10.1177/095646249400500104.

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This paper will address the role of mass communication strategies in the reduction of HIV/AIDS discrimination in Australia. It will focus on the interdependence of mass communication and legislation in health promotion campaigns with particular reference to the Disability Discrimination Act 1992. This will be discussed in the context of other HIV/AIDS strategies in Australia. The public health impact of discrimination is explored in relation to HIV/AIDS and the role of anti-discrimination legislation is discussed. Public health legislation can serve as a symbolic reflection of public opinion or actively change it. Laws can transform the practices of both public and private institutions and thus decrease discrimination. They can also provide specific remedies for people adversely affected by discriminatory attitudes and practices. Mass communication can maximize the impact of legislation by promoting awareness of new laws and, more importantly, lead changes in the attitudes of the polity and the wider public.

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8

Bunbury, Stephen. "Unconscious bias and the medical model: How the social model may hold the key to transformative thinking about disability discrimination." International Journal of Discrimination and the Law 19, no. 1 (February 28, 2019): 26–47. http://dx.doi.org/10.1177/1358229118820742.

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This article seeks to gain access to a new way to engage with disability discrimination and the legal approaches to it by focusing on the two central models: the medical and social models. It discusses how the law has based the definition of disability on the medical model and suggests that this may strengthen some of the underlying factors that contribute to segregation and discrimination of disabled people. This article argues that the law should now switch focus to the social model, in an attempt to transform people’s attitudes towards disabled people and become a positive force to reduce discrimination. It makes reference to the reasonable adjustment duty contained in sections 20 and 21 Equality Act 2010, the Framework Directive and by way of comparison the American with Disabilities Act 1990. Relevant critical theories are integrated as a means to explore the conception and the hierarchy that exist between able-bodied individuals and disabled individuals.

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9

Boller, Harvey R., and Douglas Massengill. "Public Employers' Obligation to Reasonably Accommodate the Disabled under the Rehabilitation and Americans with Disabilities Acts." Public Personnel Management 21, no. 3 (September 1992): 273–300. http://dx.doi.org/10.1177/009102609202100301.

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Effective July 22, 1992, the Americans with Disabilities Act, in conjunction with the Rehabilitation Act, will prohibit virtually all public employers from employment discrimination against individuals with disabilities. Compliance with these statutes requires employers to make modifications —called “reasonable accommodations”—which permit individuals with disabilities to perform the “essential functions” of the position they hold or seek. The Article examines issues on which there is little literature: when, and to what extent, do these statutes require an employer to modify the job or the workplace to accommodate an individual with a disability? Resolution of these questions requires consideration of three additional, interrelated questions. First, what are the “essential functions” of a position? Second, are there accommodations which would permit the individual to perform its essential functions? Third, would the proposed accommodations impose an “undue hardship” on the employer?

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10

Castell, L. "Adapting Building Design to Access by Individuals with Intellectual Disability." Construction Economics and Building 8, no. 1 (November 23, 2012): 11–22. http://dx.doi.org/10.5130/ajceb.v8i1.2994.

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Over the last 15 years, since introductionof the Disability Discrimination Act (DDA)(Commonwealth Government of Australia,1992), there has been much discussionabout the extent and nature of buildingaccess for the disabled, particularly inresponse to proposed revisions to theBuilding Code of Australia (BCA) and theintroduction of a Premises Standardcovering building access. Much of theargument which contributed to the twoyear delay in submitting a final version ofthese documents for government approvalrelated to the extent of access provisionsand the burden of cost. The final versionsubmitted to government by the AustralianBuilding Codes Board (ABCB) (notreleased publicly) appears to still containinconsistencies between the DDA and theBCA in several areas such as wayfindingand egress.In the debate preceding submission of thefinal version there appears to have beenlittle reference to access requirements forindividuals with intellectual disability (ID).This may be due to a general lack ofresearch on the topic. Consequently, thispaper uses a combination of theknowledge gained from a limited numberof previous wayfinding studies, literaturedescribing general problems faced bythose with ID and the author’s personalexperience observing others with ID tocreate a list of probable difficulties andsuggested solutions. The paperconcludes with a discussion about theassociated cost implications and benefitsin providing the required access.

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11

Campbell, Colin D. "A Hard Case Making Bad Law: Purvis V New South Wales and the Role of the Comparator under the Disability Discrimination Act 1992 (CTH)." Federal Law Review 35, no. 1 (March 2007): 111–28. http://dx.doi.org/10.22145/flr.35.1.4.

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12

Campbell, Colin D. "A Hard Case Making Bad Law: Purvis V New South Wales and the Role of the Comparator under the Disability Discrimination Act 1992 (CTH)." Federal Law Review 35, no. 1 (March 2007): 111–28. http://dx.doi.org/10.1177/0067205x0703500104.

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13

Cullum, Frederick W. H. "Managing Health and Safety: A Role for Occupational Therapists." British Journal of Occupational Therapy 60, no. 6 (June 1997): 259–62. http://dx.doi.org/10.1177/030802269706000606.

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The management of health and safety requires employers to undertake risk assessments, identifying hazards in the workplace and the associated risks. They are then required to eliminate or reduce the level of risk to employees through the introduction of adequate control measures. Some health and safety legislation develops this aspect of assessment further, such as the Manual Handling Operations Regulations 1992 and the Health and Safety (Display Screen Equipment) Regulations 1992. The Disability Discrimination Act 1995 also places a number of duties on employers, some of which have an impact on health and safety. The Management of Health and Safety at Work Regulations 1992 requires employers to have access to competent advice to assist them to comply with the legislation. There are many people who can provide such advice: safety practitioners, occupational health nurses and physicians, occupational hygienists, physiotherapists and occupational therapists. The role of each practitioner needs to be appreciated by the employer and there should be systems in place that will allow referral within a reasonable timescale and contact between practitioners to work as a team. The benefits from having access to an occupational therapist can be demonstrated through the use of examples that highlight reduced costs to the employer from both reactive and proactive involvement. There are also a number of benefits to be gained by the employee.

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14

Stevens, Chad M., Elizabeth Schneider, and Patricia Bederman-Miller. "Identifying Faculty Perceptions Of Awareness And Preparedness Relating To ADA Compliance At A Small, Private College In NE PA." American Journal of Business Education (AJBE) 11, no. 2 (March 27, 2018): 27–40. http://dx.doi.org/10.19030/ajbe.v11i2.10142.

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This paper explores post-secondary faculty perceptions of awareness and preparedness relating to Americans with Disabilities Act (ADA). Institutions of higher education are businesses. The largest threat to sustained viability for many businesses is litigation. Business-related litigation is often the result of non-employment discrimination or torts (violation of civil rights). Lack of knowledge (awareness and preparedness) is usually not a sufficient reason for defendants in business-related litigation. The number of college students reporting learning-related disabilities is growing. About 2.2 million students enrolled in higher education institutions have a documented disability (National Center for Education Statistics, 2016). Disability related litigation is a trending concern for institutions of higher education. Are post-secondary faculty ‘aware’ and ‘prepared’ to make the necessary accommodations for students with qualified learning disabilities in classrooms? ADA awareness is defined as cognizance relating to the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990. ADA preparedness is defined as readiness and ability to follow obligations relating to the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990. A moderate, positive correlation was discovered between the two variables, indicating the more awareness one has of ADA laws and requirements, the more prepared one is in dealing with accommodations for those with learning disabilities. Research indicates a need for updated and current training in the area of ADA awareness and preparedness of post-secondary faculty.

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15

Mishra, Jitendra. "The ADA Helps—But Not Much." Public Personnel Management 24, no. 4 (December 1995): 429–41. http://dx.doi.org/10.1177/009102609502400402.

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Currently there are more than 43 million Americans that have one or more physical or mental disabilities, accounting for nearly 17 percent of our population. The percentage of persons with disabilities continues to grow as a result of the aging “baby boom” generation that is now entering their 50's. The idea of legislation to protect the rights of the disabled was first introduced in 1988 and was then re-introduced in 1989. Finally, after much debate, President George Bush signed the Americans with Disabilities Act (ADA) on July 26, 1990. The Act took effect in July, 1992. It bans discrimination against the “disabled” and requires businesses with 25 or more employees (from July 26, 1994, with 15 or more) to provide reasonable accommodations” for qualified disabled workers and job applicants. Penalties can reach $500,000 and the EEOC says 17,355 charges have been filed, but only five (5) EEOC-sponsored suits have been filed.1 This paper attempts to point out the ADA does help, but not much. Congress intentionally left the definition of disability under ADA open-ended to ensure that as many people as possible are protected. ADA has generated action and confusion. Because of social legislation, Congress kept it vague and ambiguous. This has created problems. Although the employer is not required to lower quality or quantity standards, the employer must make a “reasonable accommodation”. Reasonable accommodation might include providing or modifying equipment or training materials or policies, establishing part-time or modified work schedules, reassigning a disabled employee to a vacant position, providing readers and interpreters, and making the work environment readily accessible and usable by individuals with disabilitie.2. The problem seems to stem from the vague terms used in the law such as “essential function”, “reasonable accommodation”, “readily achievable”, etc. Employers are scared of the law and are holding tight until the terms of the law are defined in the courts. The courts must settle a number of test cases before employers will readily hire the persons with disabilities. Only then will we know if the law meets its goal of mainstreaming persons with disabilities.

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16

Sterling, Haley M., and Blake A. Allan. "Construction and Validation of the Quality of Maternity Leave Scales (QMLS)." Journal of Career Assessment 28, no. 2 (July 31, 2019): 337–59. http://dx.doi.org/10.1177/1069072719865163.

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Maternity leave is not federally guaranteed or paid in the United States. Although there has been an increase of women in the workforce, federal maternity leave policy has not changed since the adoption of the Family and Medical Leave Act in 1993. The subjective quality of this maternity leave is likely an important component of what mothers perceive to be decent work. However, no scholars have developed measurements examining mothers’ subjective experiences of the quality of their maternity leave. Therefore, the goal of the current research was to develop scales measuring six domains of quality of maternity leave: time off, flexibility, coworker support, discrimination, microaggressions, and benefits (e.g., pay, health care, disability insurance). In two studies with diverse samples of working, adult mothers, we provide evidence for the factor structure, validity, and internal consistency of the Quality of Maternity Leave Scales.

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17

Moroney, Julie. "Reviving Negotiated Rulemaking for an Accessible Internet." Michigan Law Review, no. 119.7 (2021): 1581. http://dx.doi.org/10.36644/mlr.119.7.reviving.

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Web accessibility requires designing and developing websites so that people with disabilities can use them without barriers. While the internet has become central to daily life, websites have overwhelmingly remained inaccessible to the millions of users who have disabilities. Congress enacted the Americans with Disabilities Act (ADA) to combat discrimination against people with disabilities. Passed in 1990, it lacks any specific mention of the internet Courts are split as to whether the ADA applies to websites, and if so, what actions businesses must take to comply with the law. Further complicating matters, the Department of Justice (DOJ) initiated the rulemaking process for web accessibility in 2010, only to terminate it seven years later without issuing a rule—leaving the disability community without meaningful online access and businesses without clear standards. Meanwhile, complaints about the accessibility of websites have flooded federal agencies and the courts. Against that backdrop, this Note calls for the DOJ to use negotiated rulemaking, a regulatory innovation from the 1980s that has since faded in use, to achieve web accessibility. Given that the Supreme Court has declined to resolve whether the ADA’s protections apply to the internet, the business and disability communities should come together through negotiated rulemaking to build consensus on web accessibility.

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18

Bruyère, Susanne, and Philip James. "Disability management and the Disability Discrimination Act." Human Resource Management Journal 7, no. 2 (April 1997): 5–17. http://dx.doi.org/10.1111/j.1748-8583.1997.tb00278.x.

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19

Richardson, Barbara. "The Disability Discrimination Act 1995." Nursing and Residential Care 12, no. 2 (February 2010): 93–97. http://dx.doi.org/10.12968/nrec.2010.12.2.46113.

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20

Peace, Sue, and Stewart McGough. "The Disability Discrimination Act 1995." British Journal of Healthcare Management 6, no. 3 (March 2000): 98–99. http://dx.doi.org/10.12968/bjhc.2000.6.3.98.

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21

Diesfeld, Kate. "The Disability Discrimination Act, 1995." Tizard Learning Disability Review 1, no. 3 (March 1996): 34–35. http://dx.doi.org/10.1108/13595474199600009.

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22

Brammer, Alison. "Disability Discrimination Under the Act." Tizard Learning Disability Review 5, no. 1 (January 1, 2000): 31–34. http://dx.doi.org/10.1108/13595474200000006.

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23

Policy Division, Disability. "The Disability Discrimination Act 1995." VINE 27, no. 2 (February 1997): 48–50. http://dx.doi.org/10.1108/eb040634.

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24

Christie, Anna Louise. "Is the Disability Discrimination Act Discriminatory?" Edinburgh Law Review 10, no. 1 (January 2006): 155–63. http://dx.doi.org/10.3366/elr.2006.10.1.155.

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25

Schmidt, Ruth Ä., Peter Jones, and Brenda M. Oldfield. "Implementing the Disability Discrimination Act 1995." International Journal of Retail & Distribution Management 33, no. 9 (September 1, 2005): 669–84. http://dx.doi.org/10.1108/09590550510611869.

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PurposeAt the time of the imminent implementation of the Disability Discrimination Act (DDA) 1995, Part III, this paper aims to raise awareness both amongst retail and marketing academics and practitioners of the opportunities and potential marketing benefits inherent in the implementation of the Act.Design/methodology/approachA review of the UK disabled sector and the implications of DDA Stage III for retailers and service marketers is combined with an observational case study of shopping facilities for the mobility impaired shopper in a Manchester city centre and out‐of‐town location, complemented by interviews with Shopmobility representatives.FindingsFindings provide an observational insight into the status quo of the implementation of the Act. Questions are raised concerning potential retailer responses on a continuum between mere compliance and enthusiastic commitment to the enhancement of servicescapes to the benefit of all. The role of different stakeholders and the potential contribution to location marketing are discussed.Research limitations/implicationsInsights are based on systematically gathered observational data representing one person's experience at one point in time and in a specific location, validated via key informant interviews with two representatives of Shopmobility services. They can therefore be seen as exploratory only. Furthermore the focus is on mobility impairment, which is only one of a wide range of disabilities.Practical implicationsImplications for marketers include the need to move away from treating this market as separate from the mainstream and realize opportunities for enhancing servicescapes and retail offerings in ways which would benefit the wider population as well.Originality/valueThrough its qualitative case study approach the paper represents a rich snapshot of the retail offering in two Manchester locations on the eve of the implementation of DDA Part III, as seen from the point of view of a scooter based shopper.

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26

Ji-Hye Jeon. "Conceptualizing the Perceived Disability Discrimination and Its Application to Korea's Disability Discrimination Act." Korean Journal of Social Welfare Studies 40, no. 2 (June 2009): 399–425. http://dx.doi.org/10.16999/kasws.2009.40.2.399.

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27

Singh, Ramsumair. "Commentary on the Disability Discrimination Act 1995." Industrial Relations Journal 27, no. 2 (June 1996): 175–80. http://dx.doi.org/10.1111/j.1468-2338.1996.tb00767.x.

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28

Ward, Amanda. "The Disability Discrimination Act 1995: public access." British Journal of Therapy and Rehabilitation 5, no. 10 (October 1998): 540–45. http://dx.doi.org/10.12968/bjtr.1998.5.10.14044.

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29

Nicholls, JA. "The Disability Discrimination Act: implications to date." British Journal of Therapy and Rehabilitation 8, no. 8 (August 2001): 306–10. http://dx.doi.org/10.12968/bjtr.2001.8.8.13791.

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30

Dimond, Bridgit. "Implications of the Disability Discrimination Act 1995." British Journal of Midwifery 8, no. 9 (September 7, 2000): 571–74. http://dx.doi.org/10.12968/bjom.2000.8.9.8078.

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31

Glozier, Nick. "Disability Discrimination Act 1995 and mental illness." Psychiatric Bulletin 23, no. 1 (January 1999): 3–6. http://dx.doi.org/10.1192/pb.23.1.3.

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Pratt, Sue. "Making sense of the Disability Discrimination Act." Early Years Educator 5, no. 4 (August 2003): 49–51. http://dx.doi.org/10.12968/eyed.2003.5.4.14592.

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Gooding, Caroline. "Disability Discrimination Act: from statute to practice." Critical Social Policy 20, no. 4 (November 2000): 533–49. http://dx.doi.org/10.1177/026101830002000405.

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Goss, Steve. "Putting the Disability Discrimination Act into perspective." Journal of Retail & Leisure Property 3, no. 2 (October 2003): 122–29. http://dx.doi.org/10.1057/palgrave.rlp.5090169.

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Merry, A. J., and D. M. Edwards. "Disability Part 1: The Disability Discrimination Act (1995) – implications for dentists." British Dental Journal 193, no. 4 (August 2002): 199–201. http://dx.doi.org/10.1038/sj.bdj.4801522.

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Lockwood, Graeme, Claire Henderson, and Graham Thornicroft. "The Equality Act 2010 and mental health." British Journal of Psychiatry 200, no. 3 (March 2012): 182–83. http://dx.doi.org/10.1192/bjp.bp.111.097790.

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SummaryOne aim of the Equality Act 2010 is to protect people with disabilities and prevent disability discrimination. We review the key provisions of the Act relevant to disability discrimination with respect to mental illness.

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37

JW. "A Brief Guide to the Disability Discrimination Act." Physiotherapy 82, no. 3 (March 1996): 214. http://dx.doi.org/10.1016/s0031-9406(05)66948-9.

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CROFT, P. "Back Pain, Work and the Disability Discrimination Act." Annals of the Rheumatic Diseases 57, no. 5 (May 1, 1998): 274. http://dx.doi.org/10.1136/ard.57.5.274.

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39

Qureshi, B., and S. Scambler. "The Disability Discrimination Act and Access: Practical Suggestions." Dental Update 35, no. 9 (November 2, 2008): 627–35. http://dx.doi.org/10.12968/denu.2008.35.9.627.

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40

Scullion, Philip. "Promoting equality through the amended Disability Discrimination Act." International Journal of Therapy and Rehabilitation 13, no. 5 (May 2006): 196. http://dx.doi.org/10.12968/ijtr.2006.13.5.21374.

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Scott, Rachel. "The Disability Discrimination Act: how it affects you." Practical Pre-School 2000, no. 19 (January 2000): 7–8. http://dx.doi.org/10.12968/prps.2000.1.19.41046.

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42

Sayce, Liz, and Jed Boardman. "The Disability Discrimination Act 1995: implications for psychiatrists." Advances in Psychiatric Treatment 9, no. 6 (November 2003): 397–404. http://dx.doi.org/10.1192/apt.9.6.397.

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The Disability Discrimination Act, passed by Parliament in 1995, is an important piece of legislation with the potential to protect the employment rights of people with disabilities. It covers people with physical or mental impairments that have a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. The Act has sections regarding protection from discrimination in employment, in the provision of goods, services and facilities, and in education. These parts of the Act have implications for people working in mental health services when they are considering employment and educational opportunities for service users.

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O'Keeffe, Janet. "Disability, discrimination & the Americans with Disabilities Act." Consulting Psychology Journal: Practice and Research 45, no. 2 (1993): 3–9. http://dx.doi.org/10.1037/1061-4087.45.2.3.

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Miller, Graham A., and Emma Kirk. "The Disability Discrimination Act: Time for the Stick?" Journal of Sustainable Tourism 10, no. 1 (March 2002): 82–88. http://dx.doi.org/10.1080/09669580208667154.

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45

Hamilton, Jennifer. "‘Disability’ and ‘Discrimination’ in the Context of Disability Discrimination Legislation: The UK and Australian Acts Compared." International Journal of Discrimination and the Law 4, no. 3 (September 2000): 203–45. http://dx.doi.org/10.1177/135822910000400302.

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Both the Commonwealth of Australia and the UK now have in place anti-disability discrimination legislation. In the example of the Commonwealth, that legislation reflected a positive desire by the community and the government to eliminate disability discrimination in public life. In the UK on the other hand, the legislation introduced represented something of a compromise between activists, who wanted stronger legislation, and the government who up until that point had wanted none. Historically anti-discrimination legislation in both jurisdictions has been similarly structured; containing similar grounds of discrimination and also a similar conceptualisation of discrimination. However, partly no doubt as a result of government antipathy, the UK model of legislation departs from the model used in earlier antidiscrimination legislation in a number of key respects: the legislation contains a new conceptualisation of discrimination; and, it introduces for the first time in antidiscrimination legislation a general ‘defence’ of justification for all forms of discrimination. Additionally, the definition of ‘disability’ employed in the Act is very narrow, concentrating upon a person's functional limitations in relation to ‘normal’ activities. The purpose of this article is to contrast the concepts of ‘disability’ employed in the Acts, and to consider the effectiveness of both the ‘traditional’ and the new conceptualization of discrimination contained in the Commonwealth and UK Acts respectively. While disability under the UK Act is reflective of the government's antipathy to the new legislation, the reconceptualization of discrimination is, on the whole, a positive feature, moving away from the principle that equality equals ‘sameness’, to one which gives recognition to disadvantage and places an explicit, positive, obligation on employers to redress that disadvantage. Other areas of difference between the two Acts — such as in the area of ‘defenses’, the development of enforceable Standards (under the Commonwealth Act), and methods of enforcement will be covered in a subsequent article.

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Beecher, Glenda. "Disability standards: the challenge of achieving compliance with the Disability Discrimination Act." Australian Journal of Human Rights 11, no. 1 (October 2005): 139–70. http://dx.doi.org/10.1080/1323238x.2005.11910796.

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Pope, Daniel, and Clare Bambra. "Has the disability discrimination act closed the employment gap?" Disability and Rehabilitation 27, no. 20 (January 2005): 1261–66. http://dx.doi.org/10.1080/09638280500075626.

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Cunningham, Ian, and Philip James. "The Disability Discrimination Act-an early response of employers." Industrial Relations Journal 29, no. 4 (December 1998): 304–15. http://dx.doi.org/10.1111/1468-2338.00101.

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Lin, Chia‐Li, and Brian H. Kleiner. "Disability discrimination and the fair employment and housing act." Equal Opportunities International 18, no. 7 (November 1999): 17–24. http://dx.doi.org/10.1108/02610159910785655.

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Homer, S. "Briefing: Social inclusion and the Disability Discrimination Act 1995." Proceedings of the Institution of Civil Engineers - Municipal Engineer 156, no. 2 (June 2003): 85–86. http://dx.doi.org/10.1680/muen.2003.156.2.85.

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