The Disability Discrimination Act 1995 gives people with a disability the right not to be discriminated against when applying for a job or whilst in employment.

Determining who has the protection of the Act will not always be simple.

S 1 of the Act states that a person has a disability 'if he has a physical or mental impairment which has a substantial and long-term effect on his abilities to carry out day-to-day activities'.

In turn, s 1 is subject to sched 1 which amplifies the definition.

Considerable care will have to be taken during recruitment or promotion interviews to ensure that all the relevant facts are established.

Physical impairment has yet to be defined, but it is clear that conditions such as epilepsy, cancer, heart disease and diabetes qualify, as well as sensory impairments affecting sight or hearing.

Regulations will be made to clarify these definitions, but the draft guidance laid before Parliament on 6 June 1996 states that dependencies on nicotine, tobacco or any drug -- except those medically prescribed -- are not included.

A mental impairment will only constitute a disability if it is a 'clinically well-recognised illness'.

Learning, psychiatric and psychological disabilities will be included, but some anti-social disorders such as kleptomania, pyromania and paedophilia will not be regarded as impairments.

An employer is discriminating if he treats a person, or would treat that person, less favourably than a person without a disability.

It will be a defence if an employer shows that the treatment was justified.

In addition, it would be discrimination not to make reasonable adjustments to any arrangements made by the employer or physical features of premises which would otherwise place the person with a disability at a substantial disadvantage in comparison to a person who does not have the disability.

The duty to make adjustments applies to training, job offers and opportunities for promotion or other benefits during employment.Justification of less favourable treatment must be substantial and material to that particular case.

The onus of proof is on the employer.

If there is a duty to make adjustments the employer must take this into account.

In determining whether an adjustment is reasonable, regard will be had to its preventative effect and practicability, the cost, disruption caused and the resources of the employer.

The availability to the employer of financial or other assistance from outside sources must also be considered.Small firms should note that the new law will not apply to employers with fewer than 20 employees; however, this requires amplification.

First, the Act does not specify that the 20 employees should be employed at the same establishment.

So, for a firm with several branches, the total number of employees must be aggregated.

Secondly, partners are not included in the count, but part-timers are.

Thirdly, the number of employees will be assessed at the time of the alleged breach.

Whether a firm is within scope for a particular breach could therefo re be a lottery.

Interview procedures should also be reviewed.

Nothing in the Act prohibits questions relating to disability at interview or medical examinations.

Employers will need information to enable them to learn about a disability in order to assist a person with a disability in competing for a job.

However, care should be taken to ensure that gathering such information could not be characterised as evidence of discrimination.

Questions should be asked that are clearly relevant to the work required.

Job descriptions should also be reviewed to make sure they do not contain irrelevant requirements.Firms should have the ability to obtain relevant information quickly.

In some cases this may be no more than a list of telephone numbers of those providing medical opinions or information about equipment and grants.

DISABILITY DISCRIMINATION ACT 1995July 1996-- Definition of disability took effect.-- Introduction of further and higher education measures.

September 1996-- Schools measures to be introduced.December 1996-- Unlawful to discriminate in employment.

-- Employers must make reasonable adjustments.-- Unlawful to refuse, serve or provide a lower standard of service to disabled people.-- Unlawful to discriminate when selling land or property.From various dates in 1997 and onwards Service providers should:-- amend policies, procedures and practices;-- provide extra help and services for access;-- remove or alter physical barriers or provide services in an alternative way.

Trade organisations should:-- make adjustments for members.