NationStates Jolt Archive


Disability Discrimination Act - First Draft

Hippietania
23-12-2004, 16:22
Constructive comments on this as a first draft welcomed:

Disability Discrimination Act (Human Rights, moderate).

NOTING that several previous UN resolutions have built a strong human rights ethos into the legislation of the UN;

CONCERNED that those with physical and/or mental impairments have not hitherto been included in the UN's human rights law;

The NSUN declares the following:

Article 1: Definition

1) A disabled person is defined as someone with a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities.

2) Discrimination is defined as treating someone less favourably than others for a reason, which cannot be reasonably justified, related to their disability.

Article 2: Employment

1) It is unlawful for an employer to discriminate against a disabled person:
i) by refusing to offer him/her employment;
ii) in the terms upon which employment may be offered;
iii) in the opportunities for training, promotion, transfer or any other standard employment benefit;
iv) by dismissing him/her;
v) by allowing physical features of the premises of employment to place the disabled person at an unreasonable disadvantage.

2) Employers with fewer than 15 employees shall be exempt from Section 1) v) above.

Article 3: Provision of Goods, Facilities and Services

1) It is unlawful for a provider of services to discriminate against a disabled person:
i) by refusing to offer a service which the provider offers to the general public;
ii) in the terms upon which service is provided;
iii) in the standard of service provided.
Flibbleites
24-12-2004, 07:47
I see a possible problem with Article 2, section 1, where if a disabled person were to apply for a job and their disability would prevent them from being able to do the job that they're applying for the employer would be forced to hire them anyways.
Tekania
24-12-2004, 08:34
Valid point.....

I cannot support this as well; as long as it would force an employer to hire someone; even if the person is not able to do the job. Effectively, this would create a system were business' can be wrecked by people applying for positions they can't work in due to their disability.

This really needs redrafting.
Razzberia
24-12-2004, 13:46
I would have to agree. To hire someone simply because you have to is an act of ruining one's business.

If it said that a qualified person (someone who has the skills and knowledge) is not hired due to handicap, it would be more favorable.