disability discrimination affect access to technology
Now that there is much more acceptance of disability as a social, rather than medical, phenomenon and greater public support for the removal of barriers to equality for people with disabilities, can information technologies – including many of the newest and most heralded ones – increase or create inequality by leaving some disabled people behind?
A common cause of inequality is discrimination. Discrimination happens when someone is treated less favourably because of something connected to their disability, and that disadvantage is not justified. It is not usually obvious if this happens, but it can include having to wait for a long time before receiving a service, being asked to pay more for it or being unable to use it at all. It also includes being sworn at, called names or being made to feel humiliated and degraded.
It is against the law to disability discrimination against someone because of their disability. The law protects people with a wide range of impairments and can apply to anyone who needs help or special facilities to live, work or use services. This can include people with mental health conditions, visual or hearing impairments or mobility difficulties. It applies to all types of service providers, including hotels, banks, building societies, shops, theatres, councils, libraries, advice agencies and railway stations.
How does disability discrimination affect access to technology?
However, it is possible to justify a rule, policy or practice that puts disabled people at a disadvantage if it can be shown that the benefits of doing so outweigh any harm that may be caused. This could be because of a health and safety reason or because the benefit can’t be achieved in a way that is not discriminatory.
Despite the fact that laws exist to protect people with disability harassment at workplace, and that clear guidance exists about how to design technology to be accessible for all, it is common for employers to ignore the needs of employees with disabilities. This can be because of a lack of understanding about disability and a fear that asking for a reasonable adjustment might lead to accusations of ‘faking it’.
There are also cases where the refusal to provide an accommodation is based on the employer’s belief that a person with a disability will not work hard enough. This type of discrimination is a breach of the Employment Equality Act 2010 and can be unlawful.
This can also be the case where the employer has been informed of an employee’s disability but has refused to make a reasonable adjustment, such as providing a screen reader or allowing flexible working arrangements. This is unlawful under the Equality Act and can be reported to the EEOC or to your state fair employment practices agency.