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News
and comment by a journalist based in London
British Asians, businesses and the Discrimination Disability Act (DDA) This first appeared in East, 13 December 1996. SUSHILA,
sitting in her wheelchair, tearing off faxes, fielding telephone calls
from all over the world, screaming at her secretary to get a move on
with the coffee, says that disabled people, whether male or female,
black or white, brown or indigo, should learn to stand on their own
two feet. Even those who can’t stand on their own two feet. If
you don’t learn to compete in the real world, warns the 26-year-old
Asian businesswoman, if you don’t learn how to "market" yourself, you
eventually become dependent on family. Or, even worse - she rolls her
eyes in mock horror - "on hordes of do-gooding hippie social workers".
Unable
too walk since a car crash five years ago, Sushila has no trouble running
the family business. Brushing
off cries about the pretty girl, the tragedy, the young life ruined,
she completed a degree in Business Administration, convinced her late
father’s employees of her managerial acumen and put a stop to talk by
her uncles of a company take-over. Under her control, the business has
made record profits. Her
money and her success, says Sushila, is down to hard work and her refusal
to worry about racism, sexism or any other "ism". Sushila
belongs to the small group of middle-class disabled who can, to a large
extent, buy their way out of their disabilities. It’s not quite so easy
for other disabled people. Severe
disability leads to unemployment; unemployment to poverty. Poverty,
coupled by indifference from local and central government, turns impairment
into disability. Not surprisingly, poorer disabled Asians, doubly-discriminated
against, get the worst deal. CHAND
MIA, enjoying tea and biscuits at the offices of Apasenth, a support
group for disabled Bangladeshi people and their families set up in 1984
in London’s East End, says he wouldn’t miss this regular Wednesday morning
social for all the curry in Bangladesh. He
chats with friends. A new member explains that the council still hasn’t
installed an adapted shower for his disabled daughter. Chand
shouts across the room to Shofiur Rahman, Apasenth’s co-ordinator, who
takes the man’s name and details. Chand’s
daughter, Selina Begum, 22, has moderate learning difficulties and some
trouble walking. Since joining Apasenth, she’s become a regular member
of the girls’ club, where she’s made new friends, developed her self-confidence
and learnt important life skills - personal hygiene, using money, making
conversation. She’s now a student at Hackney College. Apasenth’s
other activities include a day care project, day trips for its members
- this year Hastings, Thorpe Park and Margate - parties to celebrate
religious events and a research project examining how disabled Asian
people do in higher and further education. However,
despite similar projects in other parts of the country, the outlook
for disabled Asians remains bleak. As with most things, the main problem
is money: it’s difficult trying to run a busy project on a shoe-string.
Shofiur,
for example, has a minute budget from donations and local businesses.
He can only afford two full-time workers. Run off their feet, they can
barely cope with the huge demand. Shumsull
Khan, co-ordinator of Adapt, the Asian Disability Advisory Project Team
in Bradford, agrees that more money is needed. He
says that his project faced innumerable delays because of difficulty
in getting funding. "It
boils down to money. We know what local disabled Asians need, we know
how to provide appropriate services, but everyone’s strapped for cash
these days." Sushila
might argue that Asians are tenacious people. But she should realise
that when someone kicks your feet from under you each time you try
to stand, eventually you stay down. Disabled law no threat
to business DISABLED
people’s rights as customers with special needs were limited until last
week. The
Discrimination Disability Act (DDA), made law last Monday, makes
it illegal for "service providers" to treat disabled customers differently
from other members of the public. Under
the Act, businesses - everyone from the smallest cornershop owner
to the biggest blue-chip corporations - will no longer be able to
offer a lower standard of service or offer it in a worse manner; businesses
will no longer be able to provide service on less favourable terms.
And
the Act won’t stop there. By 1998, or perhaps 2000 - the Act is vague
on this, "service providers" will have to take "reasonable steps"
to change anything which makes it difficult for a disabled person to
use their service. By
the year 2000, if a disabled person can use the service with the help
of auxiliary aids - hearing induction loops, information in Braille
- the provider will have to take "reasonable steps" to offer those aids.
By
2005, where a disabled person finds that a physical feature makes the
service difficult to use, the provider will have to take "reasonable
steps" to make alterations. The
disabled also receive new employment rights under the Act. Employers
with 20 or more employees will have to treat disabled staff in the same
way as able-bodied staff. The
Act had a stormy passage through parliament. Most disability groups,
including the major charities, have criticised the vagueness of its
wording. Sarah
Talbot-Williams of Sense, a charity for the Deaf-blind, gives
the typical response: the DDA is weak and ineffectual; it raises huge
question marks. "Reasonable steps", after all, could mean anything.
Business
organisations are equally alarmed. Larger businesses are taking steps
to avoid any potential legal tangles. But smaller businesses seem unready
for change. Businesses
are already snowed under by legislation, according to the Federation
of Small Businesses (FSB). It says many may be tempted to ignore
the Act. The
Act’s vagueness, together with the lack of a commission to enforce its
provisions - like the Commission for Racial Equality or the Equal Opportunities
Commission - makes it likely that the Act’s parameters will eventually
be set through high profile cases in the law courts. Some
charities have indicated that they may sponsor individual disabled people,
pay their legal costs, in order to arrive at legal precedents that give
the Act more force. Jan
Stevenson, a senior research consultant at Deloitte & Touche, warns
businesses that the Act may prove to be a "lawyer’s paradise".
"This
is unlikely, at least in the early days of the Act," says Caroline Underhill,
a barrister specialising in anti-discrimination law. However,
she does think that eventually judges will be asked to decide what -
in the context of the DDA - "reasonable" means. Businesses
which calculate that the risk of being sued is so small it’s worth taking
may find that they can "get away with it", she says. However,
it is a risk. Her advice is that the DDA is legislation on the statute
books: "you ignore it at your peril." home|
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