How do public authorities’ new duties of non-discrimination fit the broader drive for equality? Charles Pigott explains
Recent amendments to the Disability Discrimination Act 1995 (DDA 1995) and the Sex Discrimination Act 1975 (SDA 1975) create new public sector duties which mirror those introduced in the race relations field in 2001. The new duties under DDA 1995 came into effect on 4 December 2006. Those under SDA 1975 will come into force on 6 April 2007.
Recent months have seen the publication of the Duty to Promote Disability Equality—Statutory Code of Practice and the Gender Equality Duty—Code of Practice for England and Wales and the remaining regulations establishing the precise extent of these duties.
What duties?
The new duties include:
a general duty to promote equality of opportunity which applies to most public authorities;
a range of specific duties applying only to named authorities, to reinforce the general duty; and
an obligation not to discriminate in the performance of public functions, where this is not already covered by existing legislation.
The general duty
The general duty to promote equality of opportunity can now be found in the Race
