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Disability in the Workplace

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RIchard Morris

on 26 February 2013

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Transcript of Disability in the Workplace

Group 7 Disability in the Workplace Topics of discussion Civil Rights Movement –
A move towards integration 1) Are current employment practices failing those living with disability?

2) Is the stigma attached to disability a thing of the past? “Separate but equal”? “Separate but equal” was a legal doctrine in US constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public housing were allowed to be separated by race, on the condition that the quality of each group's public facilities was to remain equal. Plessy v. Ferguson (1896) 163 U.S. 537: Landmark US Supreme Court decision which upheld the constitutionality of racial segregation in public facilities under the doctrine of "separate but equal." Brown v. Board of Education (1954) 347 U.S. 483: unanimous decision held that "separate educational facilities are inherently unequal." This landmark case overturned the Plessy decision for state-sponsored racial segregation. This was a major victory for the Civil Rights Movement, paving the way for further integration. However segregation was still being widely and lawfully practiced through unchanged state and local laws. Paralympics How much prejudice people feel that
there is against disabled people (by year) Attitudes:
Public attitude and perceptions have been regularly reported as barriers to achieving equality.

The relationship between people’s attitudes, their knowledge and their behaviour is complex How can we tackle stigma in the workplace? Disclosure in the workplace may be hard for those with the disability and those around the individual Many people's problems are made worse by the stigma and discrimination they experience after disclosing their disability

Stigma Attached to Disability The idea of a PCP has been interpreted fairly widely:

Not everything an employer does, or doesn’t do, will amount to a PCP.

In Newcastle-Upon-Tyne Hospitals NHS Foundation Trust v Bagley UKEAT/0417/11. The limits of PCPs


Reasonable Adjustment

Nottingham teacher Gaynor Meikle who had over 30 years experience was discriminated by her employer due to sight loss. Nottinghamshire County Council v Meikle [2004] IRLR 566:
Companies failing to support disability in the workplace

Support for disabled people in the workplace -To interview all disabled applicants who meet the minimum criteria for a job vacancy and consider them on their abilities.

-To ensure there is a mechanism in place to discuss with disabled employees what can be done to make sure they can develop and use their abilities. What commitments do employers make? Support for disabled workers
The Job Centre
Directive 2000/78/EC established a general framework for equal treatment in employment and occupation.


The Equality and Human Rights Commission codes of practice on employment is subsidiary legislation that became law on 6th April 2011. Legislation developments The Equality Act 2010
-A disabled person no longer has to show that their impairment affects a particular ‘capacity’.

-Previously, adjustments to premises and to policies, had to be made by service providers.

-Now, under the new Equality Act, adjustments must be made where disabled people experience a ‘substantial disadvantage’. Legislation developments 2) Is the stigma attached to disability a thing of the past?

Any Questions ? Case of : Wal-mart v Marcia Arney
-Ms Arney took medical leave off work due to her disability
-Returned with doctor note requesting accommodation
-Fired and demanded she obtain medical release with no restrictions
-Wal-mart violated A D A The Americans with Disabilities Act (ADA) Disability within employment in another jurisdictions  Disabled people were considered the least economically successful of all the groups and only people over 70 were felt to be less capable.

Disabled people were seen to attract feelings of ‘pity’ and ‘admiration’

35% of people felt disabled people took more from the economy than they put in (Abrams & Houston, 2006)
Results show that attitudes towards disabled people have improved
In 2009, less people said that they thought of disabled people as getting in the way (7% compared with 9% in 2005), or with discomfort and awkwardness (17% compared with 22% in 2005) Applicants applied for jobs containing:
Identical information
Hearing Impairment
Recovery From Depression
Walking with a crutch
No disability
Applications with more responses were the ones with no disability Research has shown that discrimination still exists A previous President of the United States, Lord Roosevelt felt the need to hide a disability after contracting polio, in fear that he would
no longer be seen as a strong leader Has it Always Been A Problem? Treated harshly
Receiving uncomfortable attention
Treated in a distinctive manner
Discriminated against when being considered for employment
At risk of being abused The Social Stigma Attached May Mean
that the Individual is: Whether there is breach of the duty to make adjustments will depend on whether a particular adjustment was ‘’reasonable’’. This is an assessment which is very much fact-sensitive.
In Smith v Churchill’s Stairlifts plc. [2006] IRLR 41.

Where a claimant alleges a breach of the reasonable adjustments duty.

These factors are not set out in the EQA 2010. Reasonableness of adjustments The Disability Discrimination Act 1995 set out a non-exhaustive list of possible adjustments that might be taken by the employers .

Failure to make reasonable adjustments . These are not replicated in the Equality Act 2010.

However, they are included in the EHRC Code. Possible adjustments
Case law under the Disability Discrimination Act 1995 shows that the requirement of the job fall within the phrase ‘’provision, criterion or practice’’. Archibald v Fife Council [2004].

Kenny v Hampshire Constabulary [1998], should be treated with a degree of caution as it was decided under an old version DDA 1995.


The EHRC Code states: Provision, Criterion or practice should be work-related
There is duty on employers to make reasonable adjustments by the Equality Act 2010 like the Disability Discrimination Act 1995.


Example of reasonable Adjustments in the Equality Act 2010: Failing to make reasonable adjustments Reasonable adjustments has three requirements:
The first requirement arises where there is a PCP.

The second requirement arises where a physical feature puts a disabled person at a substantial disadvantage.

The third requirement is to provide an auxiliary aid. Definition of reasonable adjustments (law), Equality Act 2010. Riam Dean, a disabled student sued Abercrombie & Fitch for discrimination

Dean wished to wear a long sleeved cardigan to cover her prosthetic arm, when refusing to remove it she was told to work in the stockroom as she ‘can’t been seen on the shop floor breaking the ‘look policy’’

The judgment said Dean was not entitled to direct disability compensation because the firm had not treated her differently from non-disabled staff, who were also subject to the ‘Look’ policy. And more recently… The DSD operated a transfer policy which gave priority to non-disabled staff over disabled staff. Mrs O’Neil, who suffers from rheumatoid arthritis, had been working in Belfast and requested a transfer closer to her County Londonderry home. O’Neil v Department for Social Development: These can be to physical features of premises and/or arrangements for employing disabled people. Factors to be weighed up in determining ‘reasonableness’ are:
• the disabled person’s views on what they need
• how effective the adjustment would be in overcoming the disadvantage
• how practicable it is to make the adjustment
• the extent of any disruption to activities
• effects on other staff
• sustainability
• the financial and other costs incurred by the employer What Managers are Required to do to Support Disabled People in the Workplace. These include:
Work Choice - to help you find a job, and get support when you start work
Residential Training - to give you work experience and training
Access to Work - money towards a support worker or for the cost of equipment or travelling to work
A list of national and local symbol users is available from your Disability Employment Adviser (DEA). You can contact the DEA through your local Jobcentre or Jobcentre Plus office. DEA’s can also offer advice on programs and grants to help disabled people back into work. They can also refer you to a specialist work psychologist, if appropriate, or
carry out an ‘employment assessment’, asking you about:
your skills and experience
what kind of roles you’re interested in

DEA’s can also offer advice on programs and grants to help disabled people back into work. These include:
Work Choice - to help you find a job, and get support when you start work

Residential Training - to give you work experience and training

Access to Work - money towards a support worker or for the cost of equipment or travelling to work

A list of national and local symbol users is available from your Disability Employment Adviser (DEA). You can contact the DEA through your local Jobcentre or Jobcentre Plus office. The job centre also offers guidance through Disability Employment Advisers also known as (DEA) at your local Job centre can help you find a job or gain new skills and tell you about disability friendly employers in your area.
-To make every effort when employees become disabled to make sure they stay in employment

-To take action to ensure that all employees develop the appropriate level of disability awareness needed to make these commitments work

-Each year to review the five commitments and what has been achieved, plan ways to improve on them and let employees and Jobcentre Plus know about progress and future plans. The 1994 DP(E)A was the first legislation in the UK seriously addressing the question of disabled people in employment

The 1994 DP(E)A harnessed criminal law sanctions to enable those who had become disabled in the service of their country to obtain employment when they return to civilian life Employment practices in respect of disabled people; The 1944 Disabled Person (Employment) Act (DP(E)A) To what extent do people feel now as they did 60 years ago, when the idea of “us and them” was accepted as lawful?
Does segregation still exist; unwritten, less tangible, yet still implied that special needs are to be met “separately”? Does the (invisible) segregation of people who are “different” still exist in the workplace today? Rosa Parks and the Montgomery Bus Boycott became important symbols of the modern Civil Rights Movement.
The boycott came to an end when the case of Browder v Gayle (1956) 352 U.S. 903 was brought to challenge segregation laws. It resulted in a decision for laws requiring segregation on buses to be unconstitutional. Rosa Parks – Montgomery Bus Boycott Is it right that the face of Sainsbury’s Paralympic Advertising Campaign was David Beckham rather than a Paralympian? What message does this send out if even the Paralympic Sponsorship is fronted by an able-bodied sportsman? Paralympians Still Overlooked When assessing disabled claimants fitness for work under its WCA, does Atos assume that if paralympians can do the activities they do, then all claimants are fit to work? Certain high profile cases recently would suggest not… Assessed the same Whilst we applauded the “bravery and inspiration” of those taking part in the 2012 Paralympics, will this simply conform to the view people have of disability – to see Paralympians as “special” people, rather than just ordinary sportsmen/women who
also happen to be disabled?
Is this what disabled people want
(to be seen as something special),
or do they simply wish to be regarded as ordinary citizens and treated with the same respect? Special or Normal? Employers had less concerns towards workers with physical disabilities in comparison to individuals with intellectual, psychiatric and communication disabilities Types Of Stigma For Different Disabilities When looking for work, disabled people should look for ‘positive about disabled people’ symbol (with 2 ticks) on adverts and application forms. 1st December, 1955: Rosa refuses to surrender her seat in the ‘coloured’ section of the bus for a white man.
Rosa arrested, charged and found guilty of ‘violating the laws of segregation’.
Act of defiance triggered a year-long boycott of city buses by black people. Rosa Parks, 1913 – 2005 The Department of Labour's Office of Disability Employment Policy (ODEP) seeks to increase work opportunities for people with disabilities. The Department of Labour's Office of Disability Employment Policy (ODEP) Perception change to Disability
Discrimination
in the workplace What is Disability A disability is defined in the Equality Act 2010.

Long-term’ means - likely to last for twelve months or more.‘Day-to-day activities - defined as involving any of the following :
• mobility
• doing something with your hands
• physical coordination

Long-term mental health conditions, such as chronic depression and bipolar disorder, meet the threshold of a disability. 1) Are current employment practices failing those living with disability? Discrimination- Segregation
Legislation - Disability, Discrimination, Equality
Employment practise's
Support Available through Job Centre
Support required by managers
Companies failing to support disability
Reasonable Adjustments 2) Is the stigma attached to disability a thing
of the past? Stigma and fear of disclosure
Perceptions: Paralympics- perception change?
USA - a comparison
Conclusion Disability in Employment in America:

20.5 % of Americans in the workplace suffer from a Disability. The Americans with Disabilities Act (ADA)
Introduced in 1990
Federal law
Prevent discrimination on basis of disability
Only Qualified Workers with disabilities are protected National Disability Employment Awareness Month was introduced in 2001 to help promote acceptance and inclusion of disabled people at work. October Historical context.
Status Earned Not status granted.
Changing fortunes.
Criticism and recommendations. Disability discrimination in the work place
1) Are current employment practices failing those living with disability?





. Disability discrimination in the work place Feedback Sheets From all of us Thank You for your time Interview

Dear Julie
Questions To pose to Burgess Salmon:
Please see my responses below. I hope this helps!
Clearly, these responses should be used on an unattributable basis.
Good luck.
Kind regards
James
How many disabled people do you currently employ?
6
What types of disabilities do they have?
Unless people tell us we do not know. We do however have people with MS, Achondroplasia and Rheumatoid Arthritis.

How many complaints do you receive from your employees regarding discrimination due to a disability?
None

How do you make reasonable adjustments to accommodate employees with disabilities?
H&S Co-ordinator carries out regular work station assessment for all staff – including those with disabilities. Specific needs are therefore picked up. We also employ the services of an Occupation Doctor who provides specific advice on a case by case basis.

Do you feel that accommodating disabled people effects your business adversely when referring to finance?
No
Have you had any special training to help your business deal with the social stigma attached to disability?
Yes

Have you been provided with enough training to ensure you are fully aware of how disabilities effect people within the business?
Yes

How does employing disabled people advance your business?
It ensures that in the fullest sense we are a more diverse business.
________________________
James Fountaine
Head of Human Resources
Burges Salmon Company Limited
One Glass Wharf
Bristol
BS2 0ZX
DDI +44 (0) 117 939 2257
Mobile: 07980 984574
Burges Salmon Company Limited is a Limited Company registered in England and Wales (Company registration number 07556770) whose registered office is One Glass Wharf, Bristol, BS2 0ZX. Burges Salmon Company Limited is a subsidiary of Burges Salmon LLP, a limited liability partnership registered in England and Wales (LLP number 0C307212) authorised and regulated by the Solicitors Regulation Authority.

Interview Do you find there is a stigma attached to disability and also to certain forms of disability?
Do you think it is harder for people with visual disabilities to get a job?
Do you feel that current employment practices are failing those with a disability?
Do you feel that employers believe that the biggest barrier and misconception in hiring disabled people is costs associated with catering to their needs?
So when hiring disabled people, is there a different type of insurance or policy that needs to be in place

So is there anything that you can do to help these situations?
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