Disability Discrimination
Dyslexia Scotwest prefers to describe dyslexia as a difference rather than a disability, because the effects of dyslexia are just as likely to be positive as they are negative. However dyslexia is defined as a disability under British legislation. This means that dyslexic people are protected against discrimination under the law. This is defined by two pieces of legislation:
- The Disability Discrimination Act 1995
- The Disability Discrimination Act (Amendment) Regulations 2003
This legislation protects against discrimination specifically in the workplace, in the provision of goods, facilities and services, in education, and in public transport.
The Act defines a disability as;
“A physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out normal day-to-day activities” [DDA 1995, Part 1, Section 1 (1)]
Dyslexia is specifically covered under the broad category of a disability which affects “memory, or ability to concentrate, learn or understand”. However, the severity of dyslexia is mentioned in the Regulations, with the implication that mild dyslexia would not necessarily be covered under all aspects of the Act. The important words here are “…substantial and long-term adverse effect”.
In practice, to prove this “substantial and long-term adverse effect” it is necessary for a person to have had an assessment carried out by an appropriate person, which confirms them as being dyslexic. An appropriate person will usually be a medical professional who has been trained to identify dyslexia.
For more information on the Disability Discrimination Act call 0141 331 2121, or contact your local Citizen's Advice Bureau. The Disability Discrimination Act is a complicated piece of legislation and you should be fully aware of all aspects of the Act before making a discrimination claim.