Depression and the Disability Discrimination Act (DDA)

Disclaimer

While the facts on this page have been checked and are correct to the best of our knowledge at the time of writing (July 2008), this page was not written by a legal expert and is intended only as a general guide rather than a definitive statement of law. Contact one of the organisations listed for confirmation of your status under the DDA.

What is the Disability Discrimination Act?

Many people with diagnosed with depression may not consider themselves "disabled" but you may still have rights under the Disability Discrimination Act (DDA). The DDA makes it unlawful to discriminate against anyone with a disability in certain circumstances.

Definition of a Disability

A disability is defined as "a physical or mental impairment which has a substantial and long-term adverse effect on (a person's) ability to carry out normal day-to-day activities".

Is Depression recognised under the DDA?

Depression is recognised under the DDA as a disability. You may be covered if your depression has lasted for 12 months, or is expected to last for more than 12 months from the initial diagnosis.

If you've had several episodes of depression, you may be covered under the Act even if a single episode lasted less than 12 months. This is because conditions that fluctuate (i.e. get worse and then get better again) are recognised under the DDA as being disabilities.

If you have had depression in the past but have since recovered, you also may be covered if you are discriminated against because of your history of depresion.

If your condition is treated by medication or talking therapy, it is covered as if it was not being treated.

What Does the DDA Cover?

The DDA covers discrimination by:

• employers
• service providers
• landlords and people selling property
• transport services
• places of education

Employment

It is illegal for an employer to discriminate against someone with depression and who falls under the DDA. All 'reasonable' workplace adjustments must be made to accommodate the employee, and have failed,  before the employer would have grounds for dismissal.

It is also illegal to discriminate against someone with a disability who is applying for employment. The prospective employer is not allowed to ask if you have a pre-existing health condition until after they have offered you the job and cannot legally withdraw the job offer because you have a pre-existing health condition as this falls foul of the DDA (as long as the condition falls within the DDA).

Education

Local authorities, nurseries, schools, universities and colleges have a duty to ensure that disabled pupils and students are not treated less favourably than others as a result of their disability. The Act imposes a duty to make reasonable adjustments so that disabled pupils and students are not put at a substantial disadvantage compared to others.

Services

Service providers must not discriminate in four areas:

• refusing to provide a service
• providing a lesser quality service
• providing a service on less favourable terms
• the obligation to make changes

Further Information

The Equality and Human Rights Commission

The Equality and Human Rights Commission Scotland champions equality and human rights for all, working to eliminate discrimination, reduce inequality, protect human rights and to build good relations, ensuring that everyone has a fair chance to participate in society www.equalityhumanrights.com/en/scotland/pages/ehrcscotland.aspx

Scottish Association of Law Centres

SALC is the representative organisation for Scotland's community and user controlled law centres.   All law centres are charities and aim to tackle the unmet legal needs of those in poverty and disadvantage.  They specialise in mental health and discrimination among other things. www.govanlc.com/salc

Scottish Association for Mental Health (SAMH)

Page on stigma and discrimination www.samh.org.uk/frontend/index.cfm?page=286. Main website www.samh.org.uk