If you want to know whether deaf people and other minority groups in the UK are still facing discrimination in today’s society, then you only need to look at how many times the 2010 Equality Act has stopped injustice in its tracks to get your answer.
Communication support not being provided at university graduations, poor subtitling in the entertainment industry and a continuing problem with disabled people getting into employment show not only a continuous disregard for the rights of disabled people, but also that this law fails to pack a punch. Deaf people may be bringing this Act when being discriminated against, but something seems to suggest that the people at fault aren’t really paying attention
The Equality Act 2010 is failing to challenge the underlying attitudes in our society, and it’s something which has been noticed by the UK’s Women and Equalities Committee. Claiming that they’ve heard that the enforcement of the legislation “isn’t working”, they’ve now announced the launch of a new inquiry into the Act.
“We want to look at whether the Equality Act creates an unfair burden on individual people to enforce their right not to be discriminated against,” said committee chair, Maria Miller MP. “How easy is it for people to understand and enforce their rights? How effective is enforcement action?”
“Enforcement action” is an interesting thing to consider when most of the time, the main course of action in a case of disability discrimination is to sound the alarm on social media. Petitions are launched, posts go viral and the institution or organisation gets a slap on the wrist before likely bowing down to public pressure. If legal action is taken, it’s hardly ever mentioned.
Giving credit where it’s due, the Equality Act helps to establish what constitutes disability discrimination and is responsible for the term ‘reasonable adjustments’ becoming quite an often-cited phrase for deaf people in the fight for inclusion and accessibility.
The downside? The lengthy legal process – one which is probably to blame for social media posts being the main course of action for deaf and disabled people. It’s one thing giving the Equality Act more legislative power, but the claims process has to be more streamlined if it is to bring about change.
After all, the sign of positive legislation is when it brings about change, and when it comes to the discrimination of deaf people, there’s an underlying attitude which needs to be deconstructed.
It should no longer be seen as an inconvenience for deaf people to want adjustments or communication support in order to access work, education or a particular service, and disability rights cannot be seen as a legal burden.
Once these perceptions and misconceptions have been broken down, with the aid of improved legislation, deaf people and other minority groups can finally get closer to achieving full equality.
The consultation for the Women and Equalities Committee’s inquiry is still ongoing, and written submissions can be made online.
Liam is a mildly deaf freelance journalist and blogger from Bedfordshire. He wears bilateral hearing aids and makes the occasional video about deaf awareness on his YouTube channel. He can also be found talking about disability, politics, theatre, books and music on his Twitter, or on his blog, The Life of a Thinker.
barakta
August 8, 2018
Having enforced the Equality Act a few times, I can confirm how difficult it is. It is impossible if you don’t have strong English skills, time and psychological resilience. Legal support has been cut and cut for disability cases and it was never great to begin with.
One thing I recommend people say they want in the consultation is a central government enforcement body like the Food Standards Agency for food hygiene issues. So that complaints can be made through them and there is less backlash against individuals. Also so that organisations failing multiple deaf and disabled people can be identified and perhaps given some kind of statutory/legal warning to Sort Themselves Out!
The current system means only the person directly affected can complain, even though we’re often struggling to manage life alongside discrimination so don’t have skills, time, energy to manage complaints.
pennybsl
August 8, 2018
The Equality Act expected providers to use the Impact Assessment before implementing policies or services…..the biggest culprit of appallingly failing to carry out such a sensible, cost-effective process is the Government itself.
Cathy Alexander
August 8, 2018
So, how are we going to “improve” this legislation? Or deconstruct attitudes? I have lost 2 discrimination cases for cleaning and care work! Both employers had THIS attitude and felt the “disability burden”. Unfortunately, the judges sided with them, so this proves even the Judges are NOT abiding by the Equality Act! This problem is going to be far harder to solve than anyone thinks……..!
pennybsl
August 8, 2018
Cathy, I really do sympathise with you.
I lost out big time too.
Even my union couldn’t do more, because the “culprits” got away – when it comes to the real issue, somehow the Equality Act isn’t enforceable enough.