Discrimination of People with Disabilities (PwD) in the workplace remains a crucial human rights concern worldwide. To combat this, the United Nation adopted the Convention on the Rights of Persons with Disabilities (CRPD), which has been ratified by 191 parties and signed by 164 countries as of now. This convention signified a shift in the perception of disability, transitioning from a medical issue to a societal challenge. It emphasised that persons with disabilities do not need to be “fixed”; rather, society must be transformed to meet their needs. Many countries around the world have laws that prohibit disability discrimination in employment, let us look at some of them:
USA: The Americans with Disabilities Act and the role of the Equal Employment Opportunity Commission
The Americans with Disabilities Act (ADA) is a federal law which was signed on 26th July, 1990 . It protects the rights of people with disabilities in the US by prohibiting discrimination against them in areas of employment, public accommodations, transportation, and access to state and local government programs and services. In 2008, the ADA Amendments Act (ADAAA) was passed to broaden the definition of disability.
Title 1 of the Americans with Disabilities Act 1990 prohibits private employers, state and local governments, employment agencies and labour unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, and job training. It is important to note that, ADA guidelines extend to organisations with 15 or more employees, including state and local governments. Title II of the Americans with Disabilities Act 1990 requires state/local governments to give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities. State/local governments can’t deny people with disabilities the chance to participate in different programs that are available to others.
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title 1 of the ADA. It has the authority to investigate charges of discrimination against employers.
UK: Role of Equality Act 2000
In the United Kingdom, the Equality Act 2010 legally protects people with disabilities from discrimination in the workplace. It defines a person with disability as someone with “a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities”.
Disability is one of the 9 protected characteristics under Section 4 of the Equality Act. Accordingly a person with disabilities is protected from direct and indirect discrimination, harassment and victimisation. It is mandatory for organisations to make necessary adjustments for persons with disabilities in order to remain compliant. The Act is monitored by the Equality and Human Rights Commission (EHRC). An employee can bring a claim under the EHRC if the employer fails to acknowledge their rights. Claims of disability discrimination can also be brought to Employment Tribunals.
Australia: Role of the Disability Discrimination Act 1992
The Disability Discrimination Act 1992 (DDA) in Australia makes it unlawful to discriminate against a person with disabilities, in areas of employment. The DDA has a very inclusive interpretation of disability, ensuring that it protects individuals with a wide range of conditions. Section 35 of the DDA makes it illegal to harass a person because of their disability or because they are a relative or associate of a person with a disability.
Employers have a legal responsibility to take all reasonable steps to prevent disability discrimination, including in the areas of recruitment, work conditions and salary, promotion, training and development, disciplinary action and termination. Under Section 42 of the DDA, committing an act of victimisation is considered an offence. If found guilty, the penalty includes imprisonment for up to 6 months. Reasonable steps that can be implemented by employers include drafting anti-discrimination policies and making necessary workplace adjustments, both physical and technological, to accommodate employees with a disability.
European Union
The European Union (EU), through the Employment Equality Directive (Directive 2000/78/EC), has established a comprehensive framework to ensure equal treatment in employment and occupation. The anti-discrimination guideline laid down by this EU Directive extends to the protection of people with disabilities in workplaces.The directive extends to both public and private sector as well for all types of employment (such as freelancers, contractual workers, permanent employees etc) or occupation.
The directive prohibits direct and indirect discrimination including harassment in the field of employment.To ensure adherence to the principle of equal treatment for persons with disabilities, the Employment Equality Directive mandates the provision of reasonable accommodation. The employer must make reasonable accommodations as given under the guidance to remain compliant, as long as such measures don’t put a disproportionate burden on them.
The disparities faced by people with disabilities with regards to employment highlight the need for both systemic change and individual action. While legislative frameworks provide the foundation for equality, bridging the employment gap requires commitment from employers, policymakers, and society at large. By addressing these barriers and championing a culture of inclusion, the goal of equitable employment outcomes for persons with disabilities can move from aspiration to reality.
Serein’s experts can help tailor policies that meet legal standards and reflect your organisation’s commitment to supporting employees with disabilities. To know more, contact us at hello@serein.in.Â