Article:-DISABILITY AND EMPLOYMENT

There are 2 255 973 people with disabilities in the total population of South Africa (44 819 769) which constitutes 5.03% of the SA population (Source: PriceWaterhouseCoopers, 2005).

The census also indicates that 702 011 individuals between the ages 15 and 65 are unemployed due to illness and disability. It also indicates that a significantly high 99.28% of people with disabilities that are employable are unemployed. These figures include 160 000 people that have a secondary level qualification and 65 000 people with disabilities that have a tertiary qualification (Source: PriceWaterhouseCoopers, 2005).
We can therefore see that suitably qualified people with disabilities are unemployed.

Disability Awareness

It is important for employers to understand the importance of creating an enabling environment for people with disabilities. In addition to the social responsibility South Africans have with regards to designated groups, there is business value to employing people with disabilities and implementing employment equity and diversity management in the workplace.
In many instances individuals are not confident in interacting with people with disabilities. This may cause discomfort and fear when meeting a person with a disability.
Some reasons for not being comfortable with employing the disabled include:

• Having no skills to manage them
• Having enough workers with disabilities
• Not knowing what a disability actually is
• Thinking that people with disabilities cannot do what others can do
• Thinking that people with disabilities may injure themselves or others
• Thinking that it is costly to employ people with disabilities

Legislation

The Constitution of South Africa, 1996
The Constitution serves to protect and promote the rights of people with respect to equality and with respect to human dignity. Affirmative action is provided for. These rights are contained in the Bill of Rights. The Constitution provides for the Employment Equity Act and for the Labour Relations Act.
The Employment Equity Act, 1998
The Act aims to eliminate unfair discrimination in the workplace. By implementing affirmative action, the act aims to redress past disadvantages suffered by workers. The designated groups here are blacks, women, and people with disabilities.
Labour Relations Act, 1995
This Act contains information on how to fairly terminate an employee’s employment for a variety of reasons. One reason relates to an employee’s incapacity due to ill health which may be a product of a disability or incapacity due to a disability itself.
Defining Disabilities
Impairment
Physical Impairment refers to a partial or total loss of functioning of one’s body or of part of one’s body. Mental Impairment refers to that which is clinically recognised, it could be a condition or an illness.
Duration
A condition or impairment may be Long Term meaning that it is expected to last at least twelve months. A Recurring impairment or condition is one that is likely to occur again and may be worse the next time it happens. A Progressive condition is one which is likely to develop as time progresses and is very likely to get worse with the passing of time.

Disclosure

It is up to the employee whether to disclose a disability or not. However an employee cannot expect an employer to make provision for a disability if the employer was not made aware of such disability, or if the employer cannot plainly see that a disability exists.
An employer has the right to obtain disclosure from an employee as to the employee’s disability status. The employer also has the right to request an assessment of an employee’s specific disability, in this case the employer is to bear the cost for such an assessment.

Recruiting and employing disabled people

What the law says on employing disabled staff

The Employment Equity Act  makes discrimination on the grounds of disability unlawful.
As such, you may not discriminate against a disabled person when recruiting, employing, promoting, dismissing or making redundant members of staff.
Where discrimination occurs on the grounds of disability, this is counted as direct discrimination and cannot be justified.
Discrimination also occurs when a person is, for a reason related to their disability:

• unjustifiably treated less favourably than others
• subjected to harassment
• victimised

Discrimination also occurs when an employer fails to make a reasonable adjustment in relation to a disabled person. Reasonable means in proportion to the situation and your circumstances, balancing the costs involved and your resources, among other things.
A reasonable adjustment is any action that an employer takes so that a disabled employee or job applicant is not placed at a substantial disadvantage in comparison to others.
This could include adjustments to:

• recruitment, selection and induction procedures
• training provision
• staff benefits
• premises
• work patterns and rest breaks, eg giving disabled employees time off for medical appointments or recuperation

It might also be a reasonable adjustment to provide the employee with special equipment to help them do their job, eg an extra large PC monitor or a specially adapted keyboard.