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Microsoft MVP

 

US company sued under UK DDA

 
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All Forums >> Web Development >> Accessibility >> US company sued under UK DDA
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jaybee

 

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US company sued under UK DDA - 4/12/2007 6:44:10   
It seems, subject to appeal, that US companies can be successfully sued under the UK Disability Discrimination Act if they routinely provide goods/services to people in the UK.

http://www.out-law.com/page-7692

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Donkey

 

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RE: US company sued under UK DDA - 4/12/2007 11:53:26   
The world is going mad.

£3000 for "hurt feelings" total b*llocks.

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jaybee

 

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RE: US company sued under UK DDA - 4/12/2007 12:00:11   
I don't think it was just hurt feelings. There was the fact she'd had to pay a student to help her get through the training material they wouldn't provide for her in a format she could use. There was the fact the exam took hours longer than it should because she had to have someone sitting with her, reading out the questions, repeating them and trying to describe graphics.

I think it's appalling. For her to pass that exam was a damn site harder than any sighted person. I reckon £3k is about right but was nowhere near enough to act as a deterrent to these companies.

[edit]"Hurt Feelings" is legalese for when compensation is paid on grounds other than personal injury, loss, or damage

< Message edited by jaybee -- 4/12/2007 12:13:18 >


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Donkey

 

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RE: US company sued under UK DDA - 4/12/2007 13:12:48   
quote:

For her to pass that exam was a damn site harder than any sighted person.

But to do just about anything is going to be difficult for her because she is blind. SO why should that company be penalised, there is no "god" given right for everybody to do anything they want. You have to work at it. You shouldn't expect someone else to foot the bill for overcoming your disability.

I think allowing her to have a human reader and giving her more time was fair enough. Also why shouldn't she pay to use a service that she alone demands, why should everyone else pay for it?

What next? Should I be allowed easier exam questions because I'm a bit stupid or I haven't bothered to learn anything? Where do you draw the line.

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jaybee

 

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RE: US company sued under UK DDA - 4/12/2007 14:26:46   
I don't believe I just read that.

quote:

But to do just about anything is going to be difficult for her because she is blind.
So companies should be allowed to make things even more difficult by refusing to allow her to use the tools she has that make her life easier?

quote:

You shouldn't expect someone else to foot the bill for overcoming your disability.

quote:

Also why shouldn't she pay to use a service that she alone demands, why should everyone else pay for it?
She didn't, she had the tools to allow her to do it, she had paid for those, they refused to let her use them.

quote:

What next? Should I be allowed easier exam questions because I'm a bit stupid or I haven't bothered to learn anything?
That is completely irrelevant. She was willing to take the same exam all she wanted was the chance to do so and to have the same information available to her. She wasn't asking for it to be made easier.

quote:

I think allowing her to have a human reader and giving her more time was fair enough.
Fine extra time, yes, reader is the crux, how do you read a diagram to someone so that it's clear and they understand what you're on about?

Come off it, she was completely disadvantaged and if you can't see that then I'm afraid that you're one of the reasons this law has had to be implemented in the first place.


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Nicole

 

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RE: US company sued under UK DDA - 4/12/2007 16:52:50   
It was a very good article Jaybee, I read it before going to bed last night and thought about going into a long post about why I thought this would be a landmark case with far reaching consequences, but I'm glad now that I didn't.

In the middle of the article there this one sentence:

"Latif added, "technically it was possible and very simple to sit the exam in a way that was more accommodating to my needs but because of some peoples' attitudes I wasn't able to do it and I had to do it in this way that made me feel dependant and disadvantaged."

That is the crux of discrimination law and the reason it was introduced. That organisation broke so many basic rules it's incredible.

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womble

 

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RE: US company sued under UK DDA - 4/12/2007 17:31:24   
I don't believe I just read that either.

When you deal with discrimination on a daily basis, you realise just how much ignorance, misinformation, and plain stupidity there is in the world.

The DDA and equal opportunities isn't about giving people with disabilities preferential treatment - it's about equal treatment, and equality of opportunity sometimes means giving someone with a disability additional assistance to make sure they have the same chance to access goods and services as anyone else. Being disabled isn't a lifestyle choice. Unfortunately it's usually one of those things you get given without any say in the matter.

The DDA has a proviso of "reasonable adjustment" built into it. That means that a small company with limited resources may not be required to make adjustments to the same level as a large company.

quote:

You shouldn't expect someone else to foot the bill for overcoming your disability.


The vast majority of disabled people want to be independent and don't want to depend on other people. The fact is though that often people with disabilities have higher living costs because of their disability, and that's why in the UK benefits such as Disability Living Allowance exist, and that's because there's a very real difference in the income levels of disabled people compared to non-disabled people. That's not because disabled people don't want to work, but because of the barriers to them working. Disabled people who do work often earn comparatively less than similar non-disabled people with similar qualifications and experience etc. Apart from physical barriers, there's the ignorance and lowered expectations of employers to deal with too.

As Jaybee said, the lady in the article had the tools to do it - the argument was over her not being able to use them. Far from expecting other people to pay for their needs, disabled people often spend larger amounts on equipment to make live easier for them - the cost of which isn't covered by any specific financial assistance available. When you're on a below average income anyway, the financial impact of that can be significant.

I sincerely hope that you or someone close to you never suffers blatant discrimination because of a disability. I think you'll find that it's far from total b*llocks if you ever have the misfortune to experience it yourself.

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