Jones v. Post Office : Has the Defense of Justification Been Watered down under the United Kingdom's Disability Discrimination Act?

Abstract

Does the United Kingdom Court of Appeal's judgment in Jones v Post Office [2001] EWCA Civ 558, [2001] I.C.R. 805, [2001] I.R.L.R. 384 represent a watering down of the defense of justification under the Disability Discrimination Act of 1995 (DDA)? Under Section 5 of the DDA, an employer discriminates if it treats a disabled worker less favorably than an able-bodied one. The employer discriminates if it cannot show justification or does not comply with Section 6 duties to make “reasonable adjustments” without showing justification. This paper will examine Jones v. Post Office and whether the Court of Appeal's decision represents a watering down of the justification defense and a shift in favor of employer rights in the United Kingdom with respect to the DDA.