A report published by the Royal National Institute for the Blind in Scotland, called Beyond the Stereotypes, has confirmed what many employers probably already know - that discrimination against the blind and partially sighted is rife in the workplace, with as many as 92 per cent taking the view that it would be "difficult or impossible" to accommodate such an employee.

This attitude is borne out by the fact that three-quarters of blind and partially sighted people in the UK do not have jobs.

Blindness and partial sightedness do, of course, come within the definition of a disability for the purposes of the Disability Discrimination Act 1995. This means that employers have a duty not to treat blind people less favourably than their full-sighted counterparts.

Simply refusing to employ or interview someone because they are blind will amount to unlawful discrimination which can give rise to awards of unlimited compensation being made in the employment tribunal.

Disability discrimination can sometimes be justified, but the reason given for the discrimination needs to be material and substantial.

The Disability Discrimination Act also requires employers to make "reasonable adjustments" to prevent working arrangements from placing disabled workers at a disadvantage.

In the case of blind people, these adjustments are most likely to take the form of permitting guide dogs in the workplace and making arrangements for their safety, and purchasing specialist computer and communication equipment.

While employers are entitled to reject such measures as being unreasonable on the ground of cost, it is clear that before doing so, they need to investigate the extent to which government and other grant help is available.

Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 22/06/2004