Discrimination

The test of whether there was discrimination for the purposes of s 22(3) of the Disability Discrimination Act 1995 (DDA 1995) (discrimination in relation to premises) is a two-stage process:

(i) establishing the reason for the treatment of the disabled person; and
(ii) whether that treatment was less favourable than that which would be accorded to comparators.

Section 24(1), DDA 1995 (meaning of discrimination) requires one to:

(i) identify the treatment of the disabled person that is alleged to constitute discrimination;
(ii) identify the reason for that treatment;
(iii) determine whether the reason relates to the disabled person’s disability; (iv) identify the comparators, namely people to whom the reason does not or would not apply; and
(v) determine whether the treatment of the disabled person is less favourable than the treatment that is or would be
accorded to the comparators.