What exactly is disability discrimination?
The Act makes it unlawful to discriminate against disabled students and applicants in admissions, enrolments, student services and exclusions. The Act also places an anticipatory duty, which means that institutions should be anticipating what a disabled student might require. Lack of notice will not be a defence against a claim.
Institutions should have available a large-print or on-line prospectus should this be requested.
Discrimination can take two forms:
- treating a disabled person less favourably for a reason relating to the disability without justification.
- failure to make reasonable adjustments such that a disabled applicant, student or potential student is placed at a substantial disadvantage compared to non-disabled students.