(4) The Duty to Make Adjustments : This section is the key to the legislation. It imposes a duty to take positive action in a way entirely unknown to the SDA 1975 and the RRA 1976, reflecting the truths that disabilities do affect ability to perform a job, but to a far lesser extent than is often supposed and in a way which can often be overcome with effort and imagination. Section 5(2) (set out above) defines this as discrimination and so provides a separate

doi:10.4324/9781843145585-100

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ABSTRACT

This section is the key to the legislation. It imposes a duty to take positive action in a way entirely unknown to the SDA 1975 and the RRA 1976, reflecting the truths that disabilities do affect ability to perform a job, but to a far lesser extent than is often supposed and in a way which can often be overcome with effort and imagination. Section 5(2) (set out above) defines this as discrimination and so provides a separate possible claim.