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Equal Opportunities Act

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Introduction

The Equal Opportunities (Persons with Disability) Act (EOA) was passed into law by the Maltese Parliament on 17th January, 2000. This booklet sets out to answer the following questions:

1. The EOA: do we really need anti-discriminatory legislation?
2. Who is effected by this Act?
3. How can we recognise and safeguard the civil rights of disabled people?
4. What is the 'Test of Reasonableness'?
5. When will the EOA come into force?
6. How do I lodge a formal complaint?

1. The EOA: do we really need anti-discriminatory legislation?

The Equal Opportunities (Persons with Disability) Act has two simple aims:

(a) It introduces new measures which seek to end the discrimination that disabled people have to confront in everyday life and,

(b) It grants a legal status to the National Commission Persons with Disability, making it responsible for the implementation of the EOA.

The EOA safeguards the civil rights of disabled people in the following key areas:

I. Employment
II. Education
III. Goods and Services
IV. Accomodation
V. Access
VI. Insurance

2. Who is effected by this Act?

The EOA recognises that disabled people have civil rights. The EOA defines 'disability' as: 'a physical or mental impairment that substantially limits one, or more, of the major life activities of a person'.

The key word in this description is: 'impairment'. According to the EOA 'Impairment', in the context of disability, means: "any loss, restriction or abnormaIity of psychological, physiological, or anatomical structure or function."

Among the people and entities effected by this Act, there are:

* Disabled persons
* Their families
* Organizations of disabled persons
* Employers and service providers:
- government
- parastatal companies and corporations, and
- the private sector
* The Unions
* Employment agencies
* Schools and Colleges
* The University
* Local Councils
* The Church
* Land and Building Proprietors, and
* Insurance Agencies.

3. How can we recognise and safeguard the civil rights of disabled people?

(I) Employment

It is illegal to treat a disabled person less favourably because of his, or her, disability without a valid reason. The EOA covers every aspect of employment, including:

* application procedures
for example a job application, or job advertisment, may state that disabled people need not apply for a particular job.

* selection, promotions, redundancy and dismissal
for example, a person may be refused a job because he, or she, may have a hearing impairment, even if, when provided with a text telephone, that same person may carry out the work required quite satisfactorily.

* training and career development
for example, a wheelchair user is not sent on a training course, because the premises where the course is being held are inaccessible.

* every pact, condition or other privilege related to the job
for example, certain jobs may carry pacts, conditions, or privileges which discriminate against disabled persons, or a group of disabled persons.

Employers should consider and carry out reasonable adaptations necessary to accomodate the needs of persons with different impairments. It may be that the physical features of an employer's premises or the working arrangements put a disabled person at a substantial disadvantage compared with non-disabled people. If that is the case, the employer must take such steps, as it is reasonable for him to have to take in the circumstances to prevent that disadvantage. This duty applies both to recruitment and to those currently employed.

For example, if a reasonable adjustment results in the disabled person's becoming the best person for the job, the employer has to have a justifable reason for refusing to offer the job to that person. Without this 'test of reasonableness' which is explained in the EOA, the employer will be considered to have discriminated against the disabled person.

Employers must consider and carry out reasonable adaptations and adjustments necessary so that a disabled person can perform her job properly. These adaptations can be:

* at the workplace
for example, installing a ramp with railings so that an employee who has a mobility problem can access the workplace.

* in the machinary and equipment used
for example, providing a computer, instead of a typewriter, so that the disabled person can do the work.

* on the job
for example, by allowing a disabled person to work on flexi-time basis.

Likewise, it is illegal for Unions and Employment Agencies to treat a disabled person less favourably because of his, or her, disability.

(II) Education

Education Authorities and Institutions cannot discriminate against a disabled person by for example:

* refusing an application made by, or on behalf of, a disabled student.

* imposing terms or conditions which make it difficult for a disabled person to become a student (for example insisting that every disabled student --- irrespective of the nature, or severity, of their impairment, has to have a 'facilitator' on a one-to-one basis).

* refusing or limiting a disabled student his, or her, right to benefits enjoyed by other students (for example refusing to include such student on school excursions, whether these take place locally, or abroad).

* Requesting the transfer of the student to another school (because, for example, equipment related to the student's needs is not available at the school).

(III) Goods & Services

The Act will effect all those who provide goods and services to the public whether with, or without, payment. This can vary from shopping at the supermarket, transport by land, air, or sea, to paying bills and borrowing books from public libreries.

Giving the same quality service to everyone.

* One cannot refuse to serve, or deliberately avoid serving, a disabled customer for any reason related to their disability. A service provider must not offer a disabled customer a lower standard of service than they would offer other customers.

For example, it is against the law for somone to refuse to serve a disabled person in a shop or at the supermarket because, due to the specific disability, it involves more time, such as dealing with a customer who is blind.

For example, a restaurant manager cannot insist that a disabled person is served at a corner table and away from the other clients.

* One cannot offer a disabled customer worse terms than he would offer other customers.

For example one cannot charge more for the same service or restrict the way the service is used because of a customer's disability.

(IV) Renting and selling land or property.

* People who sell or rent property as well as their agents cannot discriminate against a person because of his, or her, disability.

For example one cannot ask for a higher rent because the lessee is disabled.

(V) Access

* One cannot discriminate against a disabled person with regard to access to buildings which are open to the public, whether with or without payment.

* One cannot impose worse terms or conditions in order to allow a disabled person to enter a building or use a facility which is available in such building, when the building is open to the public or a section of the public.

For example one cannot turn a disabled person away, or put up a sign which says that wheelchair users are not welcome.

Also, when a place is open to the public, one must not expect a disabled person to access the building through the back door, by using the service lift, or worse still, to be lifted upstairs.

(VI) Insurance

* Insurance companies cannot discriminate against a disabled person by implementing terms and conditions that are not backed by statistical data relevant to the risk insured.

For example one cannot insist that a disabled person pay a higher premium in order to insure their car, if this cannot be backed up by relevant statistical data which proves that a greater risk is involved in insuring an individual with their particular impairment.

4. What is the 'Test of Reasonableness'?

The EOA distinguishes between discrimination that can be avoided, and discrimination that, for some valid reason, cannot be avoided. The EOA states that in order to decide whether a reason is valid or not one has to evaluate and consider the following:

* The nature and cost of the modifications to be carried out in order to ensure compliance with the EOA.

* The total financial resources of the individual, or organisation, having to carry out the necessary adaptations.

* Whether grants from public funds may be available to help defray the costs of compliance.

5. When will the EOA come into force?

This Equal Opportunities (Persons with Disability) Act will come into force in October, 2000.

6. How do I lodge a formal complaint?

If you feel that you yourself, or a disabled person you know, has been discriminated against on the basis of disability, you can complain in writing by filling in a Complaints Form, available from the National Commission Persons with Disability, and addressing it as follows:

The Equal Opportunities Unit
National Commission Persons with Disabilities
Istituto Vincenzo Bugeja, Centru Hidma Socjali, St. Joseph's High Road, Sta. Venera HMR 18

You may also contact the Commission by:

* Telephone: 245952
* Text Telephone: 446536
* Fax: 484609
* E-mail: knpd@kemmunet.net.mt
* Website: www.knpd.org

The Equal Opportunities (Persons with Disability) Act 2000

(1) recognises and safeguards disabled persons's civil rights and seeks
to prevent disrimination against persons on the basis of their disability;

(2) gives a legal identity to the Kummissjoni Nazzjonali Persuni b'Dizabilita' (National Commission Persons with Disability).

This Act aims to end the discrimination that disabled persons may encounter in the following areas of daily life:

- Employment
- Education
- Access
- Goods & Services
- Accomodation
- Insurance

The Equal Opportunities (Persons with Disability) Act 2000 recognises and safeguards disabled persons's civil rights and seeks to prevent disrimination against persons on the basis of their disability in different areas, such as:

Employment

Employers, Employment Agencies and Trade Unions

Cannot discriminate in any areas related to employment, including:
· Recruitment
· Promotions
· Career development,
· Redundancy or dismissal, and
· Membership.

Must consider and undertake reasonable adjustments with regard, amongst others, to:
· the physical features of the premises
· the working arrangements, and
· the equipment used.

· can still employ the candidate considered most suitable for the job.

Goods, Facilities & Services

Service Providers - must consider and undertake alterations to a facility or service by:

· changing policies, procedures and practices.
· providing auxiliary aids.
· removing barriers which cause discrimination.

Service Providers - cannot discriminate against a disabled person by:

· refusing to serve them.
· offering a lower standard of service.
· offering the service on worse terms.

Education

Educational Institutions or Authorities cannot discriminate against disabled persons and must consider and undertake alterations to a facility or service they provide by:

· changing policies, procedures and practices.
· providing auxiliary aids.
· removing barriers causing discrimination.

Educational Institutions or Authorities cannot discriminate unfairly by:

· refusing to give a service.
· offering a lower standard of service.
· offering the service on worse terms.

Accomodation

Owners and Estate Agents cannot discriminate against disabled persons when selling or renting out property by amongst others,

· Refusing to sell or rent out property to a disabled person.
· Asking a higher price.
· Asking for a higher deposit.
· Make barriers by means of clauses in the contract.

Access

It is unlawful for anyone to discriminate against a disabled persons or members of their family by,

· Refusing access to a premises, or facility, within a premises where the public or part of the public can enter or use, with or without payment.
· The terms or condtions imposed to concede entry or use.
· Witholding the provision of means of access including the necessary alterations required to make access possible.
· Asking such person to leave the premises or to stop or restrict the use of the facilities available.

Insurance

It is unlawful for anyone to discriminate against disabled persons or members of their family by

· Refusing an insurance policy cover.
· Offering discriminatary terms or condtions for insurance coverage.
Unless such a decision is based on sound statistical data relevant to the risk insured. When such statistical data is not available, notice should be taken of any other relevant factors relevant to the risk to be insured.

Complaints

If you feel that you have been discriminated against, on the basis of your disability, you may complain in writing by filling in a Complaints Form, available from the National Commission Persons with Disability and addressing it as follows:

The Equal Opportunities Unit
National Commission Persons with Disabilities
Istituto Vincenzo Bugeja, Centru Hidma Socjali, St. Joseph's High Road, Sta. Venera HMR 18

For more information you may also contact us by:

· Telephone; 245952
· Text Telephone: 446536
· Fax: 484609
· E-mail: knpd@kemmunet.net.mt

A MALTESE version of this flyer is available, on request, from the offices of the National Commission Persons with Disability.

. Equal Opportunities Act