‘It's against our law,never mind anyone else's’: the Disability Discrimination Act 1995 and adults with learning disabilities

This study examines Part III of the Disability Discrimination Act 1995 (the provision of goods, services and facilities) in relation to adults with learning disabilities. The study had a participatory element in that self‐advocates co‐facilitated focus groups and joined the Research Advisory Group. The paper presents views of people with learning disabilities, garnered through focus groups and interviews, about the Act and about using services. Awareness of their rights was generally low, although activists were generally better informed. While usually offered reasonable service in shops, pubs and other facilities, people were sometimes treated unfairly. This could take three forms – being treated with a lack of courtesy and respect, failure to make reasonable adjustments and outright refusal to serve. People felt a strong sense of injustice when treated in these ways but the majority were unlikely to complain, although a few had challenged unfair treatment. The paper concludes with recommendations for policy and practice.     

The Legal Road to Rights? Disabling Premises,Obiter Dicta and the Disability Discrimination Act 1995

This article offers a critical exploration of the current limits of the law in establishing and maintaining the rights of disabled people. By offering a critical jurisprudence perspective and applying this to the Disability Discrimination Act 1995, the article highlights the way in which pre-existing social dynamics underpin the manufacture and application of law. Despite the growth of social constructionist, realist, critical and post-modern views of laws, the continued power of natural and positivist views of laws as a supra-social code helps explain the current limits to anti-discrimination law. It is argued that, as a socially created phenomenon, law can be radically reconstructed. However, unless a fundamental reappraisal of law is undertaken, the Disability Discrimination Act and related legislation is likely to remain severely constrained.     

A judicial outcome analysis of the Disability Discrimination Act: a windfall for employers?

November 2005 was the tenth anniversary of the passing of the Disability Discrimination Act (DDA). This study presents a judicial outcome analysis regarding employment using decisions taken and made public by appellate courts during the eight years since the Act's implementation. This survey replicates a corresponding study undertaken in the USA by Colker during the first eight years of the implementation of the Americans with Disabilities Act (ADA) (1990). As distinct from Colker's study, this paper presents data under four headings: jurisdictional/procedural tests; disability tests; discrimination/justification tests; enforcement tests. The study shows that jurisdictional/procedural and disability tests have prevented disabled employees from gaining the protection offered by the DDA. Furthermore, the overall success rate of 63% for employers suggests that the problem lies within the rules themselves, rather than in their application by tribunals and appellate courts. Thus the DDA has been a windfall for employers and, it is argued, will continue to be so for the next decade, despite the amended post-2004 DDA provisions. It is noted that the overall failure rate of 63% is lower for employees in the UK than the 87% in the USA, as quoted by Colker. Further research on judicial outcomes is recommended regarding all major disability anti-discriminatory and equal opportunity legislation.     

Walking on the Edge: Towards a Sociography of Discrimination against the Buraku: Lectures on Discrimination in Letter Format

This article demonstrates a new methodological approach to recognize, analyze and write about discrimination against the buraku, which is one form of social discrimination in contemporary Japan. The structural discrimination proposed in this study is based on the concept of relational discrimination, which is derived from fundamental criticisms of the conventional concepts of material and psychological discrimination. Relational discrimination occurs when we are placed in a certain type of relationship and may become accomplices to discrimination or cause it, regardless of whether or not there is any individual prejudice or discriminatory consciousness at work. From this perspective, this article tries to fundamentally re-examine the binary thinking assumed in conventional sociology that there are minorities (those who are discriminated against) and majorities (those who discriminate against the minority). I focus on the complex ways of being human, and in particular on the transformations that accompany changes in particular relations such as from a person who does not discriminate to one who discriminates against others; from a person who is discriminated against to one who discriminates against others and from a person who is not discriminated against to one who is discriminated against. By focusing on the meaning of the deep suffering of a man who made discriminatory remarks to people living in a buraku community, and of a woman who married into a family living in a buraku community, I try to understand life ethics for people who discriminate and who at the same time are discriminated against.     

Applying a barriers approach to monitoring disabled people's employment: implications for the Disability Discrimination Act 2005

The year 2005 witnessed the passing of the Disability Discrimination Act 2005 through Parliament. The Act responds in part to the perceived need for more proactive legislation that seeks to encourage good employer and service provider practice from the outset and diminish discriminatory action. This article focuses on the employment provisions of the 2005 Act. The article is based on a scoping study carried out during the gestation of the Act that looks at the challenges of applying a barriers approach to a disability employment monitoring schemes. Monitoring schemes have been a key part of recent anti-discriminatory legislation. The text of the Act and its Guidance might suggest that the future of monitoring as an explicit feature of proactive employer practice is uncertain. The article makes clear however the importance of disability employment monitoring if disabled people are to be better represented and receive equitable treatment in the workplace.     

Disability and participation in the professions: examples from higher and medical education

Learners with disabilities remain under-represented in higher education and courses, such as medicine, that grant access to ‘the professions’. National and professional legislation, policy and guidance have changed over the last few decades in response to reforms in the way disability is viewed and valued by society. Principles of equal rights and equality of opportunity inform the negotiation of widened participation in the professions. However, drawing on the example of medical education, it is possible to see that widening participation agendas may be insensitive to the needs of learners with disabilities. Analysing the development of practice and policy from a participation perspective suggests that tokenism may have played a role in deprioritising the voices of individuals with disabilities, rendering policy disconnected from the needs of marginalised groups. The concept of participatory parity may provide an opportunity to readdress this misrepresentation.     

Resourcing the next stages in PR history research: The case for historiography

Since the start of the 21st century, significant work has been done in expanding not just the content, but the geographical, methodological, and social range of public relations scholarship. The expansion has parallels – a few of which we acknowledge below – in the body of historical work in the discipline. In this article, we contend that future research on PR pasts should seek to be relevant to three clusters of contemporary themes that feature strongly in mainstream history. Cluster one is the environmental context of globalization and associated geographical and social diversifications. Cluster two concerns the scale, methods, and ecological inclusiveness to engage with these changes; and, the third covers nation-centric mindsets, archival assumptions, and the impact of changing media. We also argue for PR historians resourcing the next stages of PR history from advances in historiography and history writing practices with particular attention to the point of view of the historian and awareness of the traditions and limitations, within which he, she, or they write. We suggest that this resourcing process will involve questioning assumptions of authority embedded in archive-centered PR research, decentering nation-bound narratives, re-evaluating notions of objectivity, and extending the field's temporal and spatial boundaries.     

Researching the history of social work: exposition of a history of the present approach

This paper provides an exposition of Michel Foucault's ‘history of the present’ in order to make the case for its relevance to the study of social work history. It sets out the general principles underpinning this practice and considers its application to a particular research question relating to history of child welfare and protection social work in the Republic of Ireland. The paper seeks to highlight the challenges involved in its use and illuminate its potential value as an approach for researching the history of social work. It is concluded that this exposition offers one appropriate approach that could be employed within the growing field of social work history research across Europe.     

中国心理健康量表(老年残疾人版)简版的 编制及应用研究

老年残疾人受到身体残疾与衰老两方面的影响,其心理健康状况令人忧虑。本研究使用编制的初始量表,在全国7个省市共回收有效问卷2469份,经过项目分析与验证性因素分析,剔除部分题目后得到三因素模型,各项拟合指标理想。修订后的《中国心理健康量表(老年残疾人版)简版》共23个项目,具有良好的信效度,是科学有效的测量工具。对我国老年残疾人心理健康状况分析后发现,老年残疾人的心理健康存在着人口学差异,男性的心理健康水平显著高于女性,老年残疾人的心理健康水平随年龄增长而下降,多重残疾老年人在心理健康总分及各维度上均得分最低。     

Disabled people,choices and collective organisation: examining the potential of cooperatives in future social support

Major shifts in funding, demography, personal expectations and the rise of a global disabled people’s movement require new and creative solutions to the choices and rights agenda into the twenty-first century. Direct payments and the individual employment of personal assistants is one clear and recognised path to independent living. However, there have been some reservations about the nature, process and impact of the broader personalisation agenda more generally within which direct payments and personal budgets are located. Some commentators point to the loss of the collective impulse in personalised approaches – ideas that were central to the development of the independent living movement and its founding principles. Some countries have seen the rise of collective responses to direct payment developments. This is explicable in terms of a suspicion of individualist underpinnings of personalisation coupled with a collective vision of social life. This article is based on an exploratory study of collective approaches in the field of direct payments where choice and social solidarity are being combined. Drawing on developments in Sweden, England and Wales, the article aims to inform possible future debates about direct payments and cooperative approaches and argues that greater user-control is not inimical to enhanced collective action.     

Disabled children,child protection systems and the Children Act 1989

It is now widely recognized that disabled children are particularly vulnerable to abuse but that a number of factors get in the way of protecting them. This article discusses research on the implementation of the Children Act as it applies to disabled children and the findings from in‐depth interviews with young disabled people. The research concluded that: current child protection systems are not addressing the particular needs of disabled children; the Children Act regulations on short‐term and long‐term placements are often not complied with; and disabled children and young people have little say in decisions which affect them and few opportunities to communicate their experiences. Copyright © 1999 John Wiley & Sons, Ltd.     

Prudent vs Pragmatic Solutions: In Defense of State Intervention Against Discrimination

This paper addresses the issue of available strategies for intervening in problems of discrimination as presented in the lead article in this Special Issue. First, it is argued here that the issue of discrimination is a moral issue and that all four models presented are ways of addressing this inherently moral issue. The question, therefore, is, Who is most likely to succeed in dealing with this issue of public morality? It is suggested here that while all four modes of intervention are necessary, they can be successful only in conjunction with the pragmatic and unequivocal intervention of the state, which (at least in principle) is not only the most justifiable summation of the public's morality but also commands the most available resources and overall mandate in dealing with public matters.

     

Simple and Conditional Discrimination and Specific Reinforcement in Teaching Reading: An Intervention Package

The Analysis of Verbal Behavior - This study evaluated an intervention package combining simple and conditional discrimination training and specific reinforcement for each stimulus class in...     

Environmental hazard and disabled people: from vulnerable to expert to interconnected

Why are disabled people disproportionately affected by the impacts of environmental hazard, and is it really only their relative poverty that makes them so vulnerable? What might disabled people contribute from their experience of negotiating barriers to designing responses to the challenges of environmental hazard? Can the lived experience of inter-dependency, as opposed to individual independence, contribute to the radical rethinking of our relationships with the environment, other sentient beings and each other? Drawing on a short scoping study, this article reviews the multiple causes of disabled people’s vulnerability, and goes on to ask whether the experience disabled people enables them to become valued contributors, rather than just members of a vulnerable group. We also explore possible reasons for the lack of inclusion and diversity within the environmental movement, and suggest that the disability and environmental movements might make a more common cause.     

The Equality Deficit: Protection against Discrimination on the Grounds of Sexual Orientation in Employment

The provisions of UK law offer no specific protection to gay men and lesbians suffering discrimination in the workplace on the grounds of sexual orientation. Such discrimination may take many forms and can result in ‘fair’ dismissal in certain circumstances. This article considers the degree of legal protection available under current provisions and investigates possible sources for the development of specific anti‐discrimination legislation. It is concluded that, despite the application of certain aspects of employment law, the level of protection afforded to this group of workers amounts to an equality deficit in comparison to the legal redress available to those discriminated against on other grounds. Although the development of human rights legislation may have some application in this context, the combination of institutionalized discrimination and wider public policy concerns suggest that the introduction of specific legislation aimed at eliminating such discrimination in the United Kingdom is still some way off.     

The European Community and Disability Discrimination: Time to address the deficit of powers?

Disabled citizens are overlooked and ignored in the Treaty on European Union and as a result the European Community has limited competences to address disability related issues, and specifically disability discrimination. This article argues that this situation needs to be remedied at the present Inter Governmental Conference, which is being held to review the Treaty. There are sound justifications, based on political, economic and social grounds, for extending the competences of the Community in this way. Disability discrimination results in many disabled citizens being unable to fully exercise the rights conferred on them by Community law, such as the right to free movement and the right to vote: furthermore, European economies are suffering as disability discrimination artificially restricts the contribution which disabled citizens could make as both consumers and workers; and, lastly disability discrimination is leading to poverty and social exclusion throughout the European Union today.     

Discrimination and Reaction: The Practical Constitution of Social Exclusion

This article explores and extends Blumer's work on race prejudice and discrimination by using empirical data from an ethnographic study of minority communities in Greece. Blumer explains prejudice as the result of an interactional process through which one group defines itself as superior or dominant in relation to the other. His work on race prejudice has often been misinterpreted as emphasizing the individual's subjective imaginary of the “other.” Here I illustrate the importance of the intersubjective processes involved in defining a particular social situation as discriminatory. A central point of the article is to elaborate on his analysis by looking at the experience of prejudice and discrimination from the receiving end, through the participants' interpretation of their social interactions with the dominant group. Therefore I focus on how members of the subordinate group interact with the process that Blumer identifies.     

The Problem,Policy, and Political Streams of the Employment Non-Discrimination Act of 2009: Implications for Social Work Practice

Protection from employment discrimination has been a long battle waged by the lesbian, gay, bisexual, transgender, and queer community and allies. The Employment Non-Discrimination Act (ENDA) of 2009 could provide comprehensive federal protection from employment discrimination based upon sexual orientation. In this article, John Kingdon's framework for policy analysis is used to explore the federal ENDA.     

Conditional Discrimination in the Intraverbal Relation: A Review and Recommendations for Future Research

Conditional discrimination is inherent in the intraverbal relation when one verbal stimulus alters the evocative effect of another verbal stimulus and they collectively evoke an intraverbal response. Rarely in research on conditional discriminations have both conditional and discriminative stimuli been vocal verbal and rarely have the responses been topography-based. Making conditional discriminations in intraverbal behavior is a repertoire that is often delayed in children with autism and other developmental disabilities. Reviewed in this paper is research on teaching intraverbal behavior, auditory conditional discriminations, and restricted stimulus control. The purpose of these reviews is to identify the extent to which previous researchers examined conditional discriminations in the intraverbal relation and to recommend directions for research in this area.     

Modeling the impact of social discrimination on the physical and mental health of Portuguese gay,lesbian and bisexual people

Background: Despite growing acceptance of same-sex sexuality in Portugal, identity development of lesbian, gay and bisexual (LGB) individuals is still restricted by negative societal attitudes, which maintain the experience of stigmatization and discrimination. The purpose of this study is to document the frequency of discriminatory events experienced by sexual minorities and their association with indicators of physical and mental health in Portugal. Methods: A total of 610 LGB participants completed an online survey (mean age?=?34.48, SD?=?11.54). Most participants were single and self-identified as gay (73.8%). The survey included five categories of survey items: demographic information, social support, physical health, mental health, and discrimination experiences. Results: Physical and mental health results revealed that bisexual people were more likely to report higher levels of psychological distress than gay men. Overall, between one-fifth and one-fourth of the participants in this sample frequently felt the need to hide their sexual orientation to prevent discrimination experiences across the different settings. Regarding actual discrimination experiences, close to 20% reported having suffered from verbal abuse, followed by close to 10% who suffered from written threats, harassment, and physical threats. A hierarchical multiple regression analysis was performed to assess the effects of anticipated and actual discrimination on mental health. Possible confounding variables were added in the first block – age, sexual orientation, being in a relationship, body mass index, and HIV status. Anticipated and actual discrimination experiences were added in the second block. The first block of the analysis explained 6% of the overall variance, while the second block – discrimination experiences – explained an additional 17%. Conclusion: Portuguese culture and stigma/discrimination create discriminatory experiences which impact LGB people's health. Unless policies are changed to allow for the acceptance of LGB people, they will continue to experience violence and discrimination as a result of homophobia.