- freely available
Laws 2016, 5(4), 42; doi:10.3390/laws5040042
1.1. Social Justice and Disabled Individuals
1.2. The Strengthening, Harmonisation and Weakening of Disability Discrimination Law
1.3. The Impact of Disability Discrimination Law
- What difference have adjustments and the Reasonable Adjustments Duty made to the circumstances of disabled people, in relation to maldistribution and misrecognition?
- What factors have limited the effectiveness of the Duty in improving the circumstances of disabled people?
- How could the effectiveness of the Duty be increased?
2.2. Data Collection and Analysis
- Two online qualitative surveys. These asked self-selecting “disabled workers” principally open-ended questions about their work-related experiences. The surveys were conducted between June and September 2015 and were publicised on the websites of disability related organisations and widely tweeted. A total of around 265 individuals responded to the first and/or the second survey; with it not being possible to be certain, on account of some respondents not providing identifying emails, what the total number of respondents was.
- Follow-up emailed questions. The surveys asked respondents to indicate if it would be OK to email them follow-up questions and around a third indicated that it would be. Individualised emailed follow-up questions included, for example, “Why do you think that HR didn’t support the request you made for time off for an appointment?”
- In-depth interviews. All those who emailed the author, with additional information, were asked whether they would be prepared to be interviewed on the phone. Fifteen in-depth semi-structured telephone interviews, addressing adjustments, were conducted. Consistent with Sturges and Hanrahan , there was no sense that (compared to face-to-face interviews) the use of phone interviews had significantly undermined rapport. Each interview guide sets out issues that it had been decided to include in all the interviews; issues that analysis of earlier interviews had suggested were salient; and questions tailored to the particular interviewee.
- Documents. Twenty-five HR policies and other documents (such as committee reports) were collected from 16 of the organisations for which interviewed participants had worked.
3. Limitations on the Impact of the Reasonable Adjustments Duty
3.1. The Impact of Adjustments and the Reasonable Adjustments Duty
3.2. Wording and Interpretation of the Statute
3.2.1. The Definition of Disabled
3.2.2. What the Duty Requires
3.2.3. The Wording and Interpretation of Other Laws
3.3. Flexible Labour Market Policies
4. Can the Statute Be Revised to Better Meet the Needs of a “Flexible” Workforce?
5.1. The Nature of the Reasonable Adjustments Duty and Other Relevant Laws
5.2. Flexible Labour Force Policies
5.3. Revising the Reasonable Adjustments Duty to Meet the Needs of the Flexible Workforce
Conflicts of Interest
|DDA||Disability Discrimination Act 1995|
|DED||Disability Equality Duty|
|EqA||Equality Act 2010|
|PSED||Public Sector Equality Duty|
|RAS||The author’s reasonable adjustments study|
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