Institutional Racism in HE Conference (2002) disability paper
access to higher education employment: race v. disability
Konur, O. (2002) Emerging public policy issues from a quarter century of the
Race Relations Act's application to staff in higher education for access to
higher education employment by disabled people, Paper to be presented at
Institutional Racism in HE Conference, 3rd July 2002, University of Leeds,
The public policy making process for access to higher education by disabled
staff saw the enactment of the Disability Discrimination Act (DDA) (1995).
The close study of the DDA suggests there are close similarities in the ways
the DDA and the Race Relations Act (RRA) (1976) are devised regarding the
jurisdiction tests, disability/race tests, discrimination tests and
enforcement tests. Although there have been relatively substantial body of
research on the micro-characteristics of staff experiences within the racial
contexts, there was no study into the looking into the emerging public
policy issues from the implementation of the RRA since the 1970s as well as
from the implementation of the DDA since 1996 within the higher education
context. It is timely to consider such emerging issues to test various
hypotheses surrounding the perceived effectiveness of the DDA in enabling
disabled people to have access to higher education employment. This paper
would draw upon a four-year long research project at City University to
provide comparative study of the RRA and DDA through the legal and
interdisciplinary analysis of the appellate cases (such as Anya v.
University of oxford (2001) CA) on the RRA as concerning staff since 1970s
as well as of the appellate cases on the DDA since 1996. It is argued that
the rules of the game particular to the race and disability legislation
matter only within the context of the higher education law and policy.
Furthermore, it would be helpful to develop evidence-based public policies
based on the experience with the RRA in judging the effectiveness of the
Keywords: Keywords: Race Relations Act (RRA) 1976, staff, employment,
higher education, disability, Disability Discrimination Act (DDA) 1995,
evidence-based public policies, interdisciplinary research.
Postal address: Rehabilitation Resource Centre (Walmsley Building Room
W223), City University, Northampton Square, London EC1V 0HB, The United
E-mail: [log in to unmask]
Research project URL: http://www.student.city.ac.uk/~cx639/index.htm
Phone: 020 7040 0271
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