RNID: For deaf and hard of hearing people.

About this factsheet

This factsheet is part of RNID's your rights range. You will find it useful if you are deaf and want to find out about the Disability Discrimination Act (DDA). We use the term 'deaf' throughout to refer to all types of hearing loss.

This factsheet looks at one particular part of the DDA: the definition of disability. For information on other parts of the DDA, such as employment or goods and services, see our other factsheets about your rights or go to our section about rights and duties.

Read this factsheet to find out:

At the end of this factsheet we give you details of useful organisations you can contact for more information.

This factsheet gives you information rather than specific legal advice. Please read our disclaimer at the end of this factsheet.

Who is covered by the DDA?

The DDA gives rights and protections to three different groups:

  • people who currently have a disability (disabled people)
  • people who have had a disability (people with a past disability)
  • people who do not have a disability (non-disabled people).

The DDA generally only applies to the first two groups: disabled people and people with a past disability. In some circumstances, the DDA can apply to non-disabled people. This factsheet explains the people who fit into the first two groups. Our other factsheets about your rights explain when the DDA can protect non-disabled people.

Who is a disabled person?

The DDA gives a definition of disability. You have to fit the definition to get the rights and protections of the DDA.

The DDA definition of disability is "a physical or mental impairment which has a substantial and long term adverse effect on [the person's] ability to carry out normal day to day activities".

The DDA's definition of disability is only a legal definition - it does not affect how you see yourself.

How does the definition apply to deaf people?

Yes. Sensory impairments - a loss of sight or hearing - are physical impairments. These are covered by the DDA. It is not yet clear whether tinnitus would be covered.

What is meant by "substantial" adverse effects?

"Substantial" means more than minor or trivial, so a relatively minor hearing loss is unlikely to fit the definition.

A number of different issues may be relevant when deciding what is a substantial effect. For deaf people, the most important include:

  • The time it takes you to carry out an activity and how you do it are relevant. For example, you may use an amplified voice telephone, but conversations take longer because you need another person to repeat some parts. A hearing person does not need this.
  • How is the task completed? For example, a deaf person who uses British Sign Language (BSL) may find it more difficult to follow complex instructions in English when using a piece of equipment, and may need to ask a hearing colleague for assistance.
  • If someone has a number of minor impairments, these can have a cumulative effect. For example, an older person may have arthritis, a mild hearing loss and some difficulty reading. If the effects of all of these impairments are added together, then they may be enough to create a 'substantial adverse effect'.
  • The effect of background noise should be taken into account. It may be more difficult for you to hear if you are working in a noisy place than a quieter one.
  • Any steps taken to treat or correct a person's deafness or hearing loss must be ignored for the purposes of the DDA. Importantly, this means that even if you wear a hearing aid, your hearing without the hearing aid is what counts.

The DDA says that a severe disfigurement counts as an impairment that comes within the DDA's definition of disability.  This means that this person would be protected by the DDA. Tattoos and decorative piercings do not count as severe disfigurements.

If you are deaf or hard of hearing, what is likely to be a "substantial adverse effect"?

The government's Guidance gives a list of possible adverse effects: 

  • inability to give clear basic instructions orally to colleagues or service providers
  • taking significantly longer than average to say things
  • not being able to have a conversation with someone speaking in a fairly noisy place
  • not being able to hear and understand someone speaking clearly over an unamplified voice telephone.

Please remember that these are only examples. You may be able to perform one of the activities listed, but this doesn't mean that you don't experience any substantial adverse effects. You might have difficulties with other activities, and this could show that there was a substantial effect.

What activities are not likely to count as a substantial adverse effect?

The government's Guidance gives some examples:

  • not being able to hear someone talking to you in a noisy situation - such as a  nightclub. This is because most people would have problems in this situation
  • not being able to sing in tune
  • having a strong regional or foreign accent

What is a long-term effect?

This is an effect that has lasted for 12 months, or is expected to last for 12 months or will last for the rest of your life.
Conditions that are dormant may also be covered, but this depends on how likely the condition is to reappear.

What is a normal day-to-day activity?

The DDA has a specific list of activities. You have to show that the impairment affects at least one of them. One activity is 'speech, hearing or eyesight'.

Who else is covered by the DDA?

Disabled and non-disabled people can be covered by the DDA, if they are victimised by an employer, service provider or education provider because they have helped a  disabled person take action about disability discrimination. For example, if they supported a deaf colleague's complaint against their employer or gave evidence for a disabled person in a DDA case, which that person then took to an Employment Tribunal or to Court. This is called victimisation. We give you more information about this in our other DDA factsheets.

People who were disabled because of a condition they have recovered from are covered by the DDA. For example, if you had severe depression which was treated with medication, and now have not had a depressive illness for over a year, you would be covered as a person with a past disability.

Some progressive conditions are covered. This is where they do not currently have a substantial adverse effect, but in time they will do, for example, someone with multiple sclerosis or HIV. It is possible that Menière's disease might be covered as a progressive condition.

Upcoming changes to the definition

From December 2005, the definition of disability will change. This will affect progressive conditions (although we do not know how it will affect people with Menière's disease).

The changes will mean that:

  • someone with a mental impairment will not have to show that his condition is 'clinically well-recognised' to gain protection from discrimination
  • someone who has multiple sclerosis, HIV or any type of cancer, is counted as a disabled person from the date when the diagnosis is made. This means that someone with one of these conditions will not have to show that it has had an adverse effect.  The definition assumes that the condition has an substantial adverse effect on normal day to day activities.

The other parts of the definition will not change.

Disclaimer

This information is not legal advice, and you should not rely on it as such. You should consider taking independent legal advice from a solicitor or other qualified legal adviser. RNID does not accept any liability for any actions which you or anyone else may take on the basis of the information contained in this factsheet.

Useful organisations

You can get further information on the definition of disability in the government's Guidance on matters to be taken into account when determining questions relating to the definition of disability. This is available from The Stationery Office and from the Disability Rights Commission website (external link).

Citizens Advice Bureau (CAB)

Your local CAB will give free advice on the DDA. In some situations, it may provide representation. See your phonebook for your nearest CAB or do an online search at the Citizens Advice Bureau website (external link).

Community Legal Service

Helps people get information and advice about their legal rights.
Telephone: 0845 345 4 345  
Website: Community Legal Service website (external link) 

The Disability Law Service (DLS)

Provides free legal advice to disabled people.

DLS, Ground Floor, 39-45 Cavell Street, London E1 2BP
Telephone: 020 7791 9800
Textphone: 020 7791 9801
Fax: 020 7791 9802
Email: advice@dls.org.uk
Website: DLS website (external link, opens new browser window)

Equality and Human Rights Commission (EHRC)

The EHRC ‘is working to eliminate discrimination, reduce inequality, protect human rights and to build good relations, ensuring that everyone has a fair chance to participate in society’.

Website: EHRC website (external link, opens new browser window)

England
Equality and Human Rights Commission Disability Helpline (England)
FREEPOST MID02164
Stratford upon Avon
CV37 9BR
Telephone: 08457 622 633
Textphone: 08457 622 644
Fax: 08457 778 878

Wales
Equality and Human Rights Commission Helpline Wales
Freepost RRLR-UEYB-UYZL
1st Floor
3 Callaghan Square
Cardiff
CF10 5BT
Telephone: 0845 604 8810
Textphone: 0845 604 8820
Fax: 0845 604 8830

Scotland
Equality and Human Rights Commission Helpline Scotland
Freepost RRLL-GYLB-UJTA
The Optima Building
58 Robertson Street
Glasgow
G2 8DU
Telephone: 0845 604 5510
Textphone: 0845 604 5520
Fax: 0845 604 5530

Law centres

Provide free advice and representation.

Law Centres Federation, Duchess House,
18-19 Warren Street, London W1P 5LR
Telephone: 020 7387 8570  
Fax: 020 7387 8368
Email: info@lawcentres.org.uk  
Website: The Law Centres Federation website (external link)

The Stationery Office

Sells printed versions of legislation or any other official publication previously published by Her Majesty's Stationery Office (HMSO).

The Stationery Office (TSO), PO Box 29, Norwich NR3 1GN
Telephone: 0870 600 5522  
Fax: 0870 600 5533
Email: customer.services@tso.co.uk  
Website: The Stationery Office website (external link)

Useful information from RNID

If you want to find out more about some of the subjects covered in this factsheet, see our other factsheets about your rights.