The Disability Discrimination Act

Over the last few years, there has been much speculation about the legislation introduced under the Disability Discrimination Act (DDA).  This legislation ensures that websites are accessible to blind and disabled users.  However, trying to find specific information about the law and its requirements is hard work!

The Disability Discrimination Act was introduced to tackle the discrimination faced by many disabled people.  The main part of the DDA that relates to websites came into force on 1st October 1999.  Further amendments were introduced in 2005 which required previously exempt service providers (such as small employers or the police) to comply.

What does the DDA say?

Part III of the DDA refers to the provision of goods, facilities and services.

Of particular interest here are:-

1. It is unlawful for a provider of services to discriminate against a disabled person
2. In refusing to provide, or deliberately not providing, to the disabled person any service which he provides, or is prepared to provide, to members of the public;
3. 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;
4. In the standard of service which he provides to the disabled person or the manner in which he provides it to him; or
5. In the terms on which he provides a service to the disabled person.

Can you be sued?

Yes you can.  The RNIB actively approaches larger companies who's websites don't comply.  In all cases, the companies have chosen to make adjustments to their websites rather than be sued.  Whilst it is true that no company has been sued in the UK, it isn't a matter of if, it's a matter of when.

A disabled person who believes they have been discriminated against by a service provider can apply to the County Court for an order that the service provider makes their website accessible and compensation for "injury to feeling" for the discrimination they have faced.

Although there have been no cases in the UK yet, it is likely that any judge hearing the case would refer to the case brought against the Sydney Olympics Committee in 2000.  This landmark case against the website owners ended with them paying substantial compensation.

What doesn't comply?

Basically, any policy or practice that places a disabled person at a disadvantage.  There are numerous ways in which this would apply to a website, such as:-

1. It may be unlawful for a website to have links which are not accessible to a screen reader
2. The application forms found on a website are in a PDF format that cannot be read by a screen reader 
3. The size of text, colour contrasting and formatting of a website might make it inaccessible to a partially sighted job applicant 
4. An employee may find it difficult to access his employer's intranet because of inappropriate colour contrasting and font size 
5. Links/Documents on an employer's intranet may be inaccessible to an employee using a screen reader.
6. An online retailer changes its security procedures without considering the impact of blind and partially sighted customers that use screen readers. This has the affect of excluding people from making purchases on the website. 

I didn't design the site!  Am I liable?

Everyone in your company is liable.  Paragraph 2.14 states that every individual from the managing director to the most junior employee has a duty under the act.  Whether part time or full time, sole traders, partnerships self employed, etc.

Unfortunately, if you commissioned a website from a designer or agency, they are NOT liable.  This is because you are the service provider, and are therefore responsible.