MeAC – Measuring Progress of eAccessibility in Europe

Policy approaches based on equality / anti-discrimination legislation have considerable potential in the eAccessibility field. Such approaches can provide people with disabilities – individually or collectively – with a right to seek redress if they are confronted with inaccessible ICT equipment or services, either in relation to ICT-based goods and services in a general sense or in relation to specific usage contexts.

Legislation/regulations

The Disability Discrimination Act (DDA) 1992 prohibits discrimination relating to disability in areas such as provision of goods and services, government services, employment, and education (i.e. all areas of public life) and has been invoked in relation to eAccessibility issues. The DDA also provides for Action Plans by service providers. It is a federal law with equivalence in each State and Territory. There is a complaints regime to enforce the law. The agency responsible for receiving complaints is the Human Rights and Equal Opportunities Commission (HREOC).

Goods and services equality

Providers of goods and services are prohibited from discriminating against people with disabilities under the DDA. Types of services covered include: employment; education, professional services, banking, insurance or financial services, entertainment or recreation, telecommunications services, public transport services, or government services; sale or rental of real estate; sport; activities of voluntary associations; or administration of Commonwealth laws or programs.

The DDA has had an impact on eAccessibility of goods and services through cases brought to the Human Rights and Equal Opportunities Commission in areas such as inaccessible websites, telecommunications and banking services.

Employment equality

The DDA covers employment, including:

• Recruitment processes such as advertising, interviewing, and other selection processes
• Decisions on who will get the job
• Terms and conditions of employment such as pay rates, work hours and leave
• Promotion, transfer, training or other benefits associated with employment, or
• Dismissal or any other detriment, such as demotion or retrenchment.

Advice from the HREOC states that reasonable adjustment may include “adjustments to work related communications or information provision, including the form or format in which information is available”. It does not appear that any cases related to e-Accessibility in employment have been taken so far.

Education

The DDA prohibits discrimination in education. Under the DDA, educators must offer a person with a disability the same educational opportunities as everyone else. Educators must make reasonable adjustments if the person with a disability needs them to perform essential course-work. Guidance by the HREOC refers to adjustments including computer software or an audio loop system.

Impacts – cases and other activity

In 1999, a complaint was brought under the Disability Discrimination Act to the Human Rights Commission. The complaint was that the Sidney Organising Committee for the Olympic Games’ (SOCOG) Olympic website was inaccessible (Maguire vs. SOCOG). The Commission ruled in the complainants favour and required the SOCOG to make their website accessible. The Commission found that retrofitting the Olympic website would not cause an unjustifiable hardship.

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