The Issue of Disability at Workplaces - Essay Example

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Disability in the Workplace Table of Content ......................................................................................................................................3 Introduction .................................................................................................................................4 Background and objectives ..........................................................................................................4 Objectives......................................................................................................................................5 Statement of the problem...............................................................................................................5 Literature review............................................................................................................................6 Findings .......................................................................................................................................10 Discussion.....................................................................................................................................12 Overcoming discrimination disability...........................................................................................15 Recommendations.........................................................................................................................17 Conclusion.....................................................................................................................................18 References .....................................................................................................................................20 Disability in the Workplace Abstract The issue of disability at workplaces has now taken a centre stage in many organizations and states for many years. Many governments have established policies, regulations and codes of conduct towards disabled individuals in terms of their involvement in organizational operations and responsibilities. As a result, management of companies have recognized the significance of implementing set policies on disabled individuals in their organizations. However, many disabled people in organizations across the world have been experiencing workplace discrimination based on their shortcomings. Disability discrimination is an illegal practice described by selective treatment of individuals with respect to their physical abilities. Majority of the disabled individuals experience unfair treatment in the professional fields for many years. To date, some organizations have not completely gotten rid of the stigma. However, numerous organizations have implemented rules and regulations aimed at overcoming the disability in the workplace. Introduction Disability is a state of the body that limits the performance of an individual because of their physical or mental inability. A person with any physical or mental impairment or has a history of these conditions or is perceived to possess them is considered disabled in many organizations and countries across the world. Physical disability appears in many forms such as visual, hearing, mobility impairment, mental conditions such as autism and other chronic medical conditions such as diabetes, epilepsy and asthma. Disability discrimination in the work place still exists today with many disabled workers facing unfair treatment from either the employers or the co-workers. The management of all organizations are required to prevent and discourage any form of discrimination against the disabled. Disabled employees may receive lesser job benefits as compared to other workers because of their physical or mental conditions. Such benefits include less pay, minimal tasks assigned, limited training and other fringe benefits. The disabled employees may also be put under hardship working conditions that include being assigned difficult tasks with respect to their physical or mental conditions. This form of discrimination from the employers is legally and ethically wrong (Robinson 2003). The disabled individuals may also be harassed by fellow co-workers in forms of teasing, offensive comments and other hostile working environments created by the co-workers. Many organizations still experience discrimination of disabled workers in their workplaces today. However, the managements of these firms have put efforts to overcome this unethical and illegal behaviour. Background and Objectives To date, organizations have implemented various strategies to help the disabled individuals in participating and retaining their respective employment positions. The approaches used by these organizations to overcome disability discrimination differ with respect to the regions, countries, types of organizations and job description. Different countries such as the UK, the US, Canada and other states in Europe created Disability Discrimination Act aimed at reducing discrimination of the disabled employees from both employers and co-workers. Several other employment market policy measures have been established in organizations across the globe. The main objective is eliminating the discriminatory treatment experienced by disabled people at workplaces. In addition, employment programs have been created specifically for the disabled people in order to establish better working conditions in the mainstream labour market (Nielsen & Nelson 2005). Nevertheless, disabled individuals are still facing workplaces discrimination, unemployment and harsh treatment by employers and co-workers. Globally, the number of employment rate for the disabled people is still below the required levels. Majority of the disabled people who are able and willing to work have also faced difficulties in attaining a job. This is because the disabled are normally considered as economically inactive. The formation of the said policies and the employment acts aim at eliminating this perception of the disabled people and provide them with equal employment opportunities and conducive working environment. Objectives The study’s objectives are to determine the possible existence of disability discrimination in the work places. To determine the extent to which this discrimination is taking place in organizations today. To determine various measures, policies, and strategy implementations executed by managements to overcome the discrimination practices in organizations. Statement of the problem There is possible existence of discrimination of the disabled employees in organizations today. Discrimination of the disabled employees in organizations is extensive in all organizations across the globe. Various measures, polices and strategies are being adopted and implemented to curb disability discrimination in workplaces. Literature Review Today, low employment levels of disabled individuals are still causing concerns among policy makers, experts and the disabled people (Nielsen & Nelson 2005). The statistics of the employment levels depend on the kind of disability, the age, education levels and other factors. The employment rate of the disabled individuals was at 30% on global rate in 2012. Various studies researched on the employment trends in the globe, the disparities in employment statistics with respect to how the disability was determined. The research also considered the differences in disabled people employment with regard to their characteristics. According to Houtenville et al (2009), a review of findings show the general overview of employment statistics focused on individuals with spinal cord problems and those who use wheel chairs. Lindal (2006) portrayed the statistics of the individuals with developmental disabilities such as autism and asperger syndrome. Another category of individuals with disabilities included the hearing impairments (Mandell 2008). The employment rate statistics in a global perspective vary depending on how disability is determined and the duration of time worked. Studies show that majority of the employments target people without disabilities especially for the full time jobs. On the other hand, Weathers and Wittenberg (2009) asserted that majority of people with disabilities constitute of about 48% of which 24% of them work full time. Organizations are known to engage the disabled individuals on part time jobs that constitute discrimination at the workplace. The amount of pay for part time workers is normally less that the full time workers thus leading to inadequate income to sustain the disabled people and their families. Research done in 2005 shows that organizations across the globe considered the type and education of the disabled individual before handing them a position. The sensory impaired individuals enjoyed a high rate of employment of up to 57% while the physically impaired individuals’ employment rate was slightly above 40%. Individuals with mental disabilities were least considered for employment positions in majority of the organizations. In addition, most of the individuals with sensory disabilities also enjoyed more of full time employment as compared to other groups of disabled individuals that include the physical and the mental impairment. Weathers and Wittenberg (2009) asserted that improved education levels led to an increase in the number of employed disabled individuals. In 2006, there was an increase in the general level of skills through education to approximately 58%. Gaining the necessary knowledge has resulted to increased number of disabled individuals being offered employment opportunities. In addition, there has been significant increase in the number of individuals engaged in full time assignments in the workplace. Age is another major factor that employers used to selectively choose disabled people for employment opportunities. This forms the basis for discrimination against the elderly disabled individuals. This form of discrimination leads to the employers concentrating more on employing the younger disabled individuals. According to Weathers and Wittenberg (2009), over 30% of individuals employed are young. The age discrimination considers the enthusiasm and energy brought to the workplace. Most employers believe that young disabled individuals are likely to perform better economically as compared to the older individuals. Legislation in Countries UK In 1995, the UK government established the Disability Discrimination Act (DDA) that prohibits discrimination against individuals with disabilities in workplaces. The act provides that all employers should make all the necessary adjustments in organizations in order to accommodate all the employees with disabilities. In addition, the DDA requires that the employers to adjust the working environment to cater for the special needs of the people with disabilities in relation to the tasks assigned (Great Britain 2006). Some of the adjustments include transfer of workstations for employees with disabilities to a place with better working conditions, adjusting work facilities, offering flexible working hours and modifying of equipment to match the needs of a disabled individual. Moreover, the employer are required to carry out required training or retraining of employees with disabilities who want to either advance their job skills or change their current job within their organizations. The act also required the employers to make the work manuals easily accessible and offering a reader or interpreter according to the kind of disability and individual has (Great Britain 2006). USA In 1990, the government of the USA established the Americans with Disabilities (ADA) act that prohibited any form of discrimination against people with disabilities at workplaces. The Act was also specific on the qualified workers with disabilities who could not find employment because of their conditions. Necessary amendments of the ADA were conducted in 2008 in order to incorporate a new definition and classification of disability. According to the ADA act, disability is “an impairment that substantially limits one or more main life activities, a record of such a disability, or being considered as having such a disability” (Great Britain 2006). The Act further defined the major life activities as walking, reading, bending, and communication. The Act sought to direct organizations to provide equal opportunities in their selection, interviewing and hiring applicants with disabilities. Furthermore, the Act also required employers to accommodate individuals with disabilities by avoiding subjecting them to undue hardships in the workplace. The rule also included offering equal opportunities for promotions and fringe benefits for all disabled employees within an organization. The European Union Unlike the UK and the USA, the EU has two laws that prohibit discrimination of people with disabilities in organizations and other workplaces. The laws have two main grounds in which an individual should not be discriminated. According to the Racial Equality Directive, people with disabilities should not be discriminated on the grounds of race or ethnic origin. Secondly, the Employment Framework Directive requires that people with disabilities should not be discriminated based on their religion, disability, age or sexual orientation. The laws define the codes that offer a standard level of legal protection against discrimination in workplaces. The member states of the EU implements these two directives in conjunction with their respective national laws (Gooding & Lawson 2005). However, the general provisions of the two directives offer a structure that requires equal treatment for all employees in workplaces irrespective of their mental or physical impairments. The laws also include other forms of discrimination that include religion, ethnicity, sexual orientation or age. Similar to the Acts found in the UK and UK, the directives seek to ensure that employers accommodate the needs of all employees with disabilities to ease access to employment. This includes making the necessary adjustments to cater for the special needs for all workers with any kind of disability (Gooding & Lawson 2005). Other countries Japan enacted its Law for the Employment Promotion of Disabled Persons in 1960 and amended in 1987 to encourage the inclusion of individuals with disabilities in employment. The law established an employment quota system that comprised of levies, grant systems and vocational rehabilitation programs. Any organization that failed to comply with the law is fined. Australia enacted the Disability Discrimination Act that prohibits any form of discrimination from employers based on an individual’s disability. This act requires all organizations to offer equal employment opportunities for all employees. In addition, employers are required to make the necessary adjustments to enable the disabled workers to work at their best. South Africa enacted an Employment Equity Act (EEA) that seeks to eliminate any form of discrimination in workplaces. The main objective of the EEA in South Africa is to attain equity in workplaces across the country. The Act also promotes fair treatment to all employees and the implementation of the affirmative action to rectify the disadvantages in employment experienced by people with disabilities and other designated groups of workers (Nielsen & Nelson 2005). Moreover, the Act seeks to ensure equitable representation of all workers in all occupations and different levels in the personnel. The disability issues are also included in the government’s development strategies and programs to further ensure equity in employment and treatment of employees with disabilities. Findings Data analysis According to the Life Opportunities Survey done on disability discrimination in the UK, individuals experience unfair treatment based on their disabilities in workplaces. The interviewed individuals showed that discrimination occurs to particular people or groups through selective treatment and favouritism. About 5% of adults in 2010 faced discrimination because of physical impairment. A further 5% disabled employees faced discrimination based on their age. In 2010, about 30% of adults faced discrimination based on their health or disability in work places. About 265 of disabled individuals faced discrimination during search for employment opportunities. In 2011, 44% of adult individuals claimed discrimination in their workplaces. Among these employees, 19% claimed they were assigned fewer responsibilities in their workplaces as compared to the non-disabled co-workers. In addition, 13% of disabled individuals claimed of working in a particular position for a long time without deserved promotions. Canada also records several disability discriminations in the organizations. In 2009, there was reported increase in discriminations at workplaces based on the physical or mental impairment. Statistics shows a decreased in the number of new recruitments of persons with disabilities. This explains the number of disabled aged individuals in organizations today. According to the Treasury Board of Canada Secretariat Annual Report, there were a high number of old employees with disabilities than the other employees. Therefore, the disabled individuals in the workplaces are all closer to retirement as compared to the non-disabled co-workers. The workforce availability of the disabled individuals is above 4%. In 2010, there were only 10% of disabled employees under the age of 55 years. Over 50% of the employees with disabilities were above the age of 50 years. The number of disabled employees in the country as at 2009 was 33.7% of the total number of employed individuals. At least 41% of the workers with disability claimed to be discriminated by their co-workers. In addition, 57% of the individuals claimed discrimination by the employers based on their mental and physical inability. In the general world population, there are significantly high numbers of disability discrimination claims in many organizations (Susser & Petesch 2011). Majority of disabled individuals claim indirect discrimination at workplaces. In the year 2012, about 46.3% of disabled individuals were in permanent positions in organization as compared to 76.4% of the non-disabled individuals. The difference in the number of employed individuals shows a great deal of disabled discrimination in organizations today. Among the working 46.3% disabled individuals, about 26% complained of both direct and indirect discrimination at workplaces. Out of the 26%, 19% of the disabled workers complained of unfair treatment from their employers regarding various assigned tasks. About 13% of the disabled employees complained of discrimination based on access to leisure facilities within workplaces. This number also included discrimination based on participation of various team-building activities organized by various companies across the globe. Other forms of discrimination that consisted of over 23% of the employed disabled individuals included civic involvement and volunteering. Most disabled workers were left out in formal volunteering activities. Discussion Despite the establishment and enactment of different laws and directives to discourage discrimination of disabled workers in workplaces, numerous organizations still discriminate the disabled to date. Most countries across the globe have laid down legal frameworks to ensure equity in employment and the integration of the disabled in the employment and work mainstream (Nielsen & Nelson 2005). However, there are massive inconsistencies in the implementation of the Acts and laws that prohibit discrimination of the people with disabilities in most of the countries and organizations. Governments have also failed in regulating the implementation of these laws due to their priorities and management commitments. The disability discrimination in organizations is evident from the process of application to hiring. Numerous laws have provided requirements in applications to accommodate all individuals in available vacancies (Susser & Petesch 2011). However, many organizations do not provide the necessary requirements such as application forms in Braille, audio formats and other formats that cater for the special needs of the disabled individuals. Failure to offer all types of application forms results to indirect discrimination of people with disabilities. Another form of indirect discrimination in organizations is evident in the screening and interview phases of selected candidates for different positions. The established Acts in different countries require employers to provide additional facilities to aid in interviews for the disabled people. In case of aptitude tests, the disabled individuals should have added time to accommodate their possible inability to keep up with the speed. Further interview arrangements such as providing an access points for individuals in wheelchairs should me offered during all phases of interviews. Other devices such as communicator support should also be available in all interview venues for people with other forms of sensory impairments. However, many organizations do not provide all these facilities during their interviews thus discriminating all individuals with disabilities indirectly. In other cases, some organizations with the provision of the disabled section in the application letter use them to avoid calling them for interviews. This form of discrimination is common in many organizations in the world. Such organizations avoid the disabled individuals to escape from the added responsibilities in venue and recruitment adjustments to cater for the disabled individuals. After the interviews are over, all the successful candidates are recruited to work in a given firm. The new disabled employees require adjusted workplace facilities and equipment to enable them release their full potential at work. Failure to arrange for such requirements leads to indirect discrimination of the disabled individuals. In addition, the employers tend to give standard training and working conditions to all recruited employees thus failing to consider the presence of some disabled workers. These behaviours are common in many organizations today because of efforts to cut costs related to adjustment of facilities and workplace equipment. As a result, some organizations result to ignoring the applications and recruitment of disabled individuals. Promotions, transfers and advanced training forms basis of discrimination of disabled people in organizations today. This takes place during the tenure of such individuals. Most of the disabled people end up working on the same position up to the retirement age. This is promoted by the ideas that the disabled people cannot do better than what they are accustomed to. In addition, organizations avoid making additional adjustments after promotions, transfers and advanced training because of the extra expenses incurred. This kind of treatment is considered as workplace discrimination because of the provision of harsh working conditions for the disabled individuals. The terms of employment provided by many organizations today promote disability discrimination (Nielsen & Nelson 2005). The terms of employment include the periodical payments, workdays and durations, dress code, sick and leave days and the fringe benefits such as insurance plans and retirement plans. Many organizations have failed to offer provide friendly terms of payment to the disabled individuals hence subjecting them to harsh working conditions. In additions, some employers do not offer flexible workdays for the employees with special needs thus exposing them to work-related stress. Some employers have a different payroll for disabled individuals for both the periodical payments and other monetary benefits. Such payment structures are made under the assumption that disabled people are less economically productive thus deserve less pay. In addition, the disabled people are also allocated minimal working hours because of the belief that they have a natural inability to work long hours. The dress code also proves to be a challenge to some disabled individuals in workplaces. These forms of stereotypic treatment of the disabled individuals results to disability discrimination in many organizations today (Susser & Petesch 2011). Employers treat disabled employees differently making them feel isolated and out of place. As a result, such discrimination may result to underperformances by disabled people who would otherwise perform better with the necessary adjustments and terms of employment. Moreover, many organizations fail to provide easy access to work-related benefits such as recreational and refreshment facilities for the disabled employees. In many cases, the disabled individuals end up not enjoying such facilities because of their physical or mental disabilities. Overcoming Disability Discrimination Individuals with disabilities have as much legal rights to be sustained as the non-disabled people (Robinson 2003). In addition, the disabled people have a right to work under conducive working environment, gain enjoyment and fulfil their potential in gaining economically. Majority of organizations today have embarked on eliminating and overcoming the disability discrimination in workplaces. This is done through the implementation of various principles, rules and regulations to govern a workplace characterized by both disabled and non-disabled employees. The first step to overcome disability discrimination in workplaces entails informing all the employees and employers of the laws and regulations that govern workplaces with the disabled individuals. Various countries have enacted various laws to illegalize discrimination based on any kind of disability (Robinson 2003). The non-disabled and disabled people are also educated on the forms of discrimination that include access to facilities such as transport, training, promotions and so on. All the employees and employers should be fully informed on different types of discrimination, what constitutes each type of discrimination and the channels through which one can report any form of selective employee treatment. Spreading such information enables employers to fight discrimination and promote equality among all employees. Furthermore, employers should encourage all the employees especially the disabled individuals to increase their participation in organization’s activities. The implementation of the above enables managements to overcome all issues related to discrimination against the disabled. The management of an organization should also conduct a thorough assessment of the workplaces environment periodically to ensure that the environment is conducive for all disabled and non-disabled individuals. This should be followed by the formulation of an action plan that entails removing all the barriers that are likely to hamper disabled individuals during their execution of assigned duties. In order to ensure effectiveness of the assessment and action plans made, the management should inform all the employees and employers (Robinson 2003). In addition, the employees and employers should also be made aware of the e valuation made and the efforts to eliminate any possible barrier. They should also be made aware of the reasons why the evaluation is implemented. Regular assessment of the environment and the strategy that include cooperation by employees is essential. Through these efforts, the organizations can overcome the disability discrimination in workplaces (Robinson 2003). Organizations today are ensuring that reviews on payments are conducted in order to make sure the payments done to the employees is equal irrespective the physical and mental abilities or disabilities. This means that the workers who perform similar duties and responsibilities are entitled to equal pay whether they are disabled or non-disabled. This also applies to any fringe benefits enjoyed by employees in similar positions at workplaces. Equating the amounts of benefits extended to employees equally irrespective of their disabilities and abilities helps in fighting disability discrimination (Robinson 2003). These organizations should also be all inclusive during other work-related activities such as promotions, advanced training and salary increments. All employees in an organization should be given equal opportunities to advance their careers within and outside their workplaces by merit. Such efforts ensure an all-inclusive environment in a workplace and promote the rights of all disabled individuals. In addition, organizations are documenting every crucial detail during the selection, interview and hiring process to guarantee the inclusion of individuals with disabilities. Documenting of the hiring procedures ensure that all the necessary adjustments are made to cater for the persons with disabilities. These efforts encourage the process of eradicating disabled discrimination at workplaces and offer a conducive environment for work (Robinson 2003). Recommendations Disability working groups should be established in all workplaces to report on the conduct and standards on the participation of individuals with disabilities in all working-related activities. The employers or employees should also entrust the working groups in making reports on equality issues in the workplaces and the possible reasons for any discrimination efforts. Organizations should organize regular team building activities that involve all employees irrespective of their disabilities in order to promote social integration and overcome discrimination. Organizations should make regular detailed reports on adjustments made to cater for all disabled individuals in their workplaces. The management of organizations should establish ways of dealing with the perpetrators of disabled discrimination within organizations. This would ensure that the cases are minimal and eventually completely eliminated. Organizations across the world should work together to eliminate disabled discrimination in all the hiring processes and in their workplaces to provide a conducive environment for working. Conclusion The efforts made towards eliminating disability discrimination in workplaces entail the analysis of numerous factors that are specific to the experienced discrimination. Organizations point out several basis of discrimination perpetrated by either the employers or the employees. There are two main forms of discrimination namely direct and indirect. Disability discrimination is an illegal practice described by selective treatment of individuals with respect to their physical disabilities. Most of the disabled individuals experience unfair treatment in the professional fields for many years. Physical disability appears in many forms such as visual, hearing, mobility impairment, mental conditions such as autism and other chronic medical conditions such as diabetes, epilepsy and asthma. Today, firms have implemented several strategies to help the disabled people in participating and retaining their respective employment positions. All organizations are bound to guarantee a fair selecting and hiring process that caters for the people with disabilities. Many countries have established and enacted different laws and directives to discourage discrimination of disabled workers in workplaces. These laws have common objectives aimed at eliminating disabled discrimination. The laws provide that all employers should make the necessary adjustments in organizations in order to accommodate all the employees with disabilities. Organizations have implemented rules and regulations aimed at overcoming the disability in the workplace today. These regulations include informing all the employees and employers of the laws and regulations that govern workplaces with the disabled individuals. The management of organizations should conduct a thorough evaluation of the workplaces environment regularly to ensure that the environment is conducive for all disabled and non-disabled individuals. Organizations today are ensuring that reviews on payments are conducted in order to make sure the payments done to the employees are equal irrespective the physical and mental abilities or disabilities. To ensure that organizations overcome disability discrimination, they should be all inclusive during all work-related activities such as promotions, advanced training and salary increments. Today, disabled discrimination is still common in many organizations across the world. The implementation of rules, regulations and other ethical behaviour would help organizations in overcoming this vice (Robinson 2003). References Gooding, C., & Lawson, A. (2005). Disability rights in Europe: from theory to practice. Oxford, Hart. Great Britain. (2006). Disability Discrimination Act: guidance on matters to be taken into account in determining questions relating to the definition of disability. Norwich, TSO (The Stationery Office). Houtenville, Andrew, David Stapleton, Robert Weathers & Richard Burkhauser. (2009). Counting working age people with disabilities. Kalamazoo, MI, Upjohn Institute for Employment research. Lindal, Ingeborg, Tuan Khai Huyn, Fin Bierign-Sorenson. (2007). Return to Work Following Spinal Cord Injury. Disability and Rehabilitation. 29 (17), 1341-1375. Nielsen, L. B., & Nelson, R. L. (2005). Handbook of employment discrimination research rights and realities. Dordrecht, the Netherlands, Springer. Robinson, D. A. (2003). A legal and ethical handbook for ending discrimination in the workplace. New York, Paulist Press. Susser, P., & Petesch, P. J. (2011). Disability discrimination and the workplace. Arlington, Va, BNA Books. Weathers, Robert & David Wittenberg. (2009). Counting working age people with disabilities. Kalamazoo, MI, Upjohn Institute for Employment research. Read More