ABSTRACT
Unlike the other discrimination legislation, the Disability Discrimination Act (DDA) 1995 does not take a symmetrical approach. It affords protection only to those with disabilities.4 As such, positive discrimination is lawful under the DDA 1995, but there is a constraint in the public sector. Section 7 of the Local Government and Housing Act (LGHA) 1989 requires that all local authority workers be appointed on ‘merit’. Originally, s 7(2) provided an exception related to the Disabled Persons (Employment) Act 1944, which required that 3% of workers should be registered disabled. This allowed public sector employers to discriminate in favour of disabled persons. However, the DDA 1995 repealed s 7(2)5 and replaced it with the general duty not to treat less favourably and to make reasonable adjustments.6 The position now for local authorities is summarised by the Code of Practice.
