Disability Discrimination Act 1995

Valid from 03/07/2003

[F1 16B Discriminatory advertisements E+W+S

 

(1) It is unlawful for a person, in relation to a relevant appointment or benefit which he intends to make or confer, to publish or cause to be published an advertisement which—

(a) invites applications for that appointment or benefit; and

(b) indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—

(i) the applicant not having any disability, or any particular disability, or

(ii) any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).

(2) Subsection (1) does not apply where it would not in fact be unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 3 for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.

(3) In subsection (1), “relevant appointment or benefit” means—

(a) any employment, promotion or transfer of employment;

(b) membership of, or a benefit under, an occupational pension scheme;

(c) an appointment to any office or post to which section 4D applies;

(d) any partnership in a firm (within the meaning of section 6A);

(e) any tenancy or pupillage (within the meaning of section 7A or 7C);

(f) any membership of a trade organisation (within the meaning of section 13);

(g) any professional or trade qualification (within the meaning of section 14A);

(h) any work placement (within the meaning of section 14C);

(i) any employment services (within the meaning of Part 3).

(4) In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.]

Textual Amendments

F1 Ss. 16A-16C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 15(1)