Don’t assume, rather understand in order to make a difference

South Africa commemorates National Disability Rights Awareness Month annually between the 3^rd November and the 3^rd December. The International Day of Persons with Disabilities, and National Disability Rights Awareness Day are commemorated on the 3^rd December.

Disability Rights Awareness Month offers an opportunity for all of us to raise and to increase our awareness of disabilities as well as the associated rights. This is crucial in the breaking down of the stigma surrounding disabilities as well as the removal of barriers encounter4ed by people with disabilities. This in turn will lead to the improvement of the quality of life of people with disabilities through inclusive and effective action.

According to the Employment Equity Act No. 55 of 1998, as amended, people with disabilities are defined as people who have a long-term or recurring physical, including sensory, or mental impairment which substantially limits their prospect of entry into or advancement in employment.

• Long-term or Recurring Long-term usually means that the impairment has lasted or is likely to persist for at least twelve months. A short-term or temporary illness or injury is not an impairment which gives rise to a disability.
• A recurring impairment is one that is likely to happen again and to be substantially limiting. It includes a constant underlying condition, even if its effects on a person fluctuate.
• Progressive conditions are those that are likely to develop or change or recur. People living with progressive conditions or illnesses are considered as people with disabilities once the impairment starts to be substantially limiting. Progressive or recurring conditions which have no overt symptoms or which do not substantially limit a person are not disabilities.
• An impairment may be physical or mental. ‘Physical’ impairment means a partial or total loss of a bodily function or part of the body. It includes sensory impairments such as being deaf, hearing impaired, or visually impaired and any combination of physical or mental impairments. ‘Mental’ impairment means a clinically recognised condition or illness that affects a person’s thought processes, judgment or emotions.
• An impairment is substantially limiting if, in the absence of reasonable accommodation by the employer, a person would be either totally unable to do a class of jobs or would be significantly limited in doing the particular class of jobs. This should be determined by considering the nature, extent, duration and impact of the impairment as well as the essential functions of the class of jobs in question.

The Employment Equity Act requires employers to provide reasonable accommodation for employees with disabilities, unless such accommodation would cause undue hardship. Reasonable accommodation refers to the provision of conditions, equipment, and environments that enable individuals with disabilities to effectively perform their duties.

Often employers who have staff members who are living with a disability may be keen to reasonably accommodate them within their workplace. In most instances this reasonable accommodation will be based on allowing, or budgeting, for the physical or structural changes within the workplace. However, this does not take into account the fact that not all disabilities are physical, nor display visible or obvious symptoms. In efforts to accommodate employees with disabilities, some employers do not take into consideration the fact that not everyone with a disability experiences their condition in the same way and therefore reasonable accommodation cannot be applied on a one-size-fits-all basis.

There are frequent occurrences whereby employers in preparing for or in accommodating newly appointed /placed employees or learners with a disability, go to extra lengths and costs in order to ensure accessibility for physical impaired individuals. These preparations are often based on the employer’s ‘understanding’ of the needs of employees with disabilities. Thereafter, the employer becomes disappointed when they realise that the ‘reasonable accommodation’ provided is ineffective and not responsive to the needs of that particular employee who may either have a visual impairment, or is someone with albinism, or has a mental impairment, or even that their physical impairment does not fit the assumptions and arrangements made.

The faux pas and often missed opportunities in adequately addressing the needs of each individual employee with a disability emphasise the fact that in order to create a work environment which is diverse and inclusive, employers and managers who are responsible for reasonable accommodation need to:

• Understand the different types of disabilities and in particular understand the disability of each employee as well as how they personally experience their disability.
• Provide ongoing support for the successful management of all types of disabilities within the workplace.
• Implement supportive policies within the organisation which can assist in ensuring that best practice is followed at all times.

In order to effectively and successfully assist and reasonably accommodate employees; employers need to engage in crucial discussions around disabilities within the workplace and not assume that they understand the accommodation needs of employees.

Employees need to be included in the crafting of solutions that are meant for them. In these circumstances, the saying/ slogan “Nothing for us without us!” becomes of paramount importance. This slogan is used to communicate the idea that no policy should be decided by any representative without the full and direct participation of the members of the group affected by that policy.

Although people with disabilities may, at times, struggle to express themselves fully due to the limitations that are often imposed by society on them, they need to speak up and actively participate in the in the planning of strategies and policies that affect their lives as well as in the implementation of reasonable accommodation initiatives. This process requires on going conversations between all parties involved.

For the creation of work environments that are diverse and inclusive the following is necessary:

• Understanding the challenges and difficulties linked to disabilities while not losing sight of the abilities or people living with disabilities.
• Driving employee support around the disabilities within the workplace.
• Raising awareness on disabilities and their management within the workplace.
• Creating a culture of acceptance, tolerance and respect, through relevant programmes and awareness campaign.
• Ongoing consultation and involvement of people with disabilities for the understanding of their needs
• Putting in place strategies for the management of disabilities within the workplace.
• Ensuring that there are workplace policies on disability management in compliance with legislation and in support of people with disabilities.
• Ensuring that all policies, processes and guidelines are fluid, accessible and are user friendly to and for people with disabilities.
• Ensuring that recruitment strategies incorporate practices for fair and equal opportunities for the recruitment of people with disabilities.
• Driving company or organisational wellness strategies with the incorporation of “disability management”, as any employee can become disabled in the future.
• Ensuring that there are effective interventions to prevent occupational hazards.
• Protecting and promoting health at the workplace and access to occupational health services.

As we celebrate National Disability Rights Awareness month, let us ensure that we do not assume nor dictate to people with disabilities, rather let us collaborate, consult and be fully inclusive in the creation of diverse workplaces.

References:

https://www.sahrc.org.za/home/21/files/SAHRC%20Disability%20Monitoring%20Framework%20FOR%20CD.pdf

https://www.progression.co.za/inclusion-of-people-with-disabilities-starts-with-a-conversation/

https://private.disabilityin.org/global/south-africa/

https://www.gov.za/DisabilityRightsAwarenessMonth2020