Disability and Discrimination - Research Paper Example

?Running Head: Disability and Discrimination Disability and Discrimination at Workplace: Review of Laws and Legislations and their effects on employers to minimize workplace discrimination 26th July 2011 __________________________ Abstract Disability discrimination has been a matter for discussion for government and policy makers for quite a while now which has been recognized by the international community that is working towards providing equal opportunities and rights at all levels. Workplace discrimination is the major form of discrimination faced by the people with disabilities because employers assume that people with disabilities will not be able to perform in competitive environment. The discrimination at workplace is evident from the facts reported by NIDDR wherein 35.3 percent of people with disabilities are employed as compared to 74.3 percent of people without disabilities, a gap of 39.1 percent. Further it is mentioned that discrimination increases as the percentage of disability increases which is revealed in NIDDR report where people with hearing disability have better prospects of getting employed. The present report focuses on the impact of laws and legislations on employers and how does it encourages and penalizes the employer in order to minimize the workplace discrimination against person with disabilities. Introduction Discrimination has been at the centre of discussion for centuries. It is evident from the books of history that earlier black people were severely discriminated on basis on color, women facing discrimination at workplace and poor facing discrimination everywhere. In modern times, the term discrimination is often associated with disability because women have dared to share equal responsibilities in similar position, racial discrimination is equally tackled but discrimination remains for disability. In an attempt to clearly define the concept of equal opportunities in democracy, Silvers, Wasserman and Mahowald (1998) mentions that democratic morality inveterately condemns artificial inequalities stemming from social arrangements, particularly if individuals are unwarrantedly penalized because they are identified with an unfairly disparaged group. The author’s further raises crucial question about the equality of people with disabilities whether their disability is artificial or natural and whether we are required to equalize people because of their disabilities (p.15). Though world has recognized the rights of differently-abled persons, little has been done to see the compliance. Disability Discrimination is the process of making decisions affecting an employee based wholly or partly, upon the real or perceived disability of the employee (Davidovich, 2003). According to Brading and Curtis (2000) many employers fail to appreciate that disability does not necessarily imply ability and a disability may not result in handicap therefore assuming that the people with disabilities would not be able to perform adequately at work (p.16). There are several practices of discrimination going on against person with disabilities and it is assumed that in spite of various acts and legislations passed by national and international bodies, the barrier and stigma still exists in the 21st century as contemplated by Brading andCurtis (2000). This paper, therefore, makes in depth analysis regarding discriminatory practices against person with disabilities to the extent of discriminatory practices. Statement of the Problem As stated above, there are several practices of discrimination going on against person with disabilities, but the major form of discrimination comes alive at workplace. Despite Disability Discrimination Act 1995 being in force, making unlawful for an employer for treating disabled person less favourable, the number of discriminatory practice is soaring (Brading and Curtis, 2000, p.15). Why? Why are such discriminations taking place and whether enacted laws and legislations are proving effective? Review of Literature According to International Classification of Functioning (ICF) disability arises when an individual’s ability to do daily activities, carry out social roles and participate in communal activities that are considered normal or common by the individual and the community, is limited or hindered because of a bodily, sensory, mental and/or intellectual function and environmental barriers (Grut and Ingstad, 2006). Various acts like Disability Discrimination Act 1995 provides the person with disability equal rights and opportunities in fair treatment, equal opportunities at workplace, etc. But the act doesn’t seem to implement outright as most of the employers who fail to provide opportunities to person with disabilities do so because of their own prejudices and misunderstanding and because of their traditional recruitment practices (Brading and Curtis, 2000, p.52). This statement may be overruled as research over the years conducted by DuPont has revealed that disabled employees perform equally or better compared to their non disabled colleagues while only 4 percent of disabled people of working age requiring some sort of adjustment at workplace which is negligible. This has been proved by Marks and Spencer as two thirds of the adjustments for disabled people do not involve any costs (ILO, 2007, p.40). Though the cost of employing and encouraging the disabled people to work is almost negligible, the issue of workplace discrimination due to disability has not received nearly as much attention psychologically which may due to late intervention of government in enacting a policy giving equal rights and opportunities (Dipboye and Colella, 2005, p.227). ILO (2007) reports that there are around 650 million or 10 percent of the worlds’ population who are disabled and approximately 470 million fall in the category of working age. However, it is to mention that the definition varies from country to country as the definition of disability in United States includes even the diabetic persons while Indian disability acts include only physical and mental disabilities. It is further reported by ILO (2007) that disabled women in Middle East and North African countries face more obstacles than disabled men in finding jobs. However, in Europe, the likelihood for a person with a disability of finding a job seems to decrease as the level of disability increases. The report finds that discrimination is especially at the hiring stage as evident in France where only 2 percent of people who mentioned disability in their CV received call letters for interview. According to 2004 survey in United States,, it was found that only 35 percent of working age persons with disabilities are in fact working compared to 78 percent of non disabled persons (Disabled World). The records of Employment Tribunals in United Kingdom reveal that employers were legally penalized for not allowing equal opportunities for person with disabilities in 2004 while in Australia, the number of cases remained stagnant. In United States, 70,000 charges were filed annually before EEOC between 1992 and 2005 out of which 19 percent were under the Americans with Disabilities Act (ILO, 2007). International Labor Organization carried out extensive study pertaining to the statistics on the employment situation of people with disabilities of different countries wherein the respondents were requested to fill in the questionnaire for each data source. Another study reviewed for the purpose of present paper is a Compendium compiled by National Institute for Disability and Rehabilitation Research (NIDDR) funded by US Department of Education. International Labor Organization (ILO 2004) compiled national methodologies used for obtaining statistics pertaining to disabilities and related employment situation. The paper has mentioned the methodologies used by 95 countries party to ILO Disability Programme. The results show that countries mainly rely on population census and household surveys to complete these statistics, clarifying that information is generally collected in the intervals of five to ten years. It is further mentioned that the methodologies used by the countries furnish all details on employment and unemployment statistics with regard to disabled persons. Gurt and Ingstad (2006) used the recent of model of conceptualized by World Health Organization to measure the disability in Yemen. International Classification of Functioning (ICF) model was employed to find relevant data related to employment. The NIDDR study has presented data based on qualitative and quantitative methodology stating details in relation to major kind of disabilities (NIDDR, 2004). Data Analysis According to NIDDR (2004), it was found that in 2009, of the 19,054,587 individuals with disabilities ages 18 to 64 years living in the community, 6,723,694 individuals were employed with an employment rate of 35.3 percent. Whereas, out of 170,126,637 individuals without disabilities aged between 18 to 64 years living in the community, 126,478,646 individuals were employed with an employment rate of 74.3 percent. It is further found that persons with hearing disabilities (51.6%) fared much better than people with other disabilities (16.9% - independent living disabilities). It is further found that the employment rate for individuals with disabilities ages 18 to 64 years was 35.3 percent as compared to 74.3 percent for persons without disabilities providing a gap of 39.1 percent, while comparable measure was 38.6 in 2008. NIDDR report further mentions the earning of disabled group as the median earning ranged in and about $18,831 for people over 16 years and over as compared to $28,779 for people without disabilities, a wide gap of $9,948. Gurt and Ingstad (2006), in their study on disability in Yemen, reported that an average of 2.9 percent had problems that prevented them practicing their daily activities, however the incidence was more in rural areas (3.1%) compared to urban areas (1.9%). The authors used data from local surveys carried on household basis which reveal that 6.2% people with disabilities are less than 18 years of age. Further the case studies of Mahmud and Nahala reveal that disabled people in Yemen have minimized access to opportunities and their skills are not identified and not properly utilized. Findings It is revealed from the facts mentioned by Gurt and Ingstad (2006) that disabled people are less favored by the employers which is supported by most of the authors reviewed above mainly by Brading and Curtis (2000, p.15). Further it is evident from the data mentioned by NIDDR that disabled people are less employed as compared to people without disability. International Labor Office reports that 52 percent of all people with severe disabilities in Europe do not participate in labor force while a survey in United States revealed shocking assumptions of the employers wherein 73% of the respondent who were employers affirmed that disabled employees did not require special facilities (ILO Report). This clarifies why Davidovich (2003) supports the use of American Disabilities Act (ADA) in awarding tribunal welfare to persons with disabilities as the employers do not recognize the need of inclusive strategy in the society. It is further revealed through ILO Report that in United Kingdom, people with disabilities at 26 years of age are four times likely to be unemployed than people without disabilities. The discrimination doesn’t stop in recruitment but is evident in all places and in every account. The wage gap for people with disabilities is high as compared to people without disability which is evident in NIDDR Report and also supported by Gurt and Ingstad (2006), Brading and Curtis (2000). NIDDR Report (2004) further reveals that discrimination in disability increases with the percentage of disability and ability to perform. However, Disability Discrimination Act (DDA) in United Kingdom is in force and has worked towards providing equal access to persons with disability. It is a fact that though the numbers of cases have remained stagnant or increased, as stated above in literature review, the tribunal has been successfully rewarding the inflicted person and imposing huge penalty upon the employers (Brading and Curtis 2000). Conclusion Discrimination on people with disability is still prevalent in high economy countries and the apathy of these people in developing and underdeveloped countries can be better understood in the words of Mahmud and Nahala in Yemen. The researches carried out by different agencies show approximate status and scenario of opportunities available to the people with disabilities even in 21st century. Though laws and legislations have been enacted by the International bodies including WHO, ILO and United Nations prohibiting defiance of rights to persons on the basis of race, color, religion, creed, place, and disability among others, the gap remains in the rate of employment and unemployment as well in wages. However, the tribunals set up in United Kingdom, United States and other countries under American Disabilities Act, Disability Discrimination Act, have provided much needed relief to the people and it is evident from the facts mentioned by Brading and Curtis (2006). The governments, through continuous amendments of acts, are constantly regulating the employment trends among the disabilities groups making the acts of more importance. References 1. Brading J and Curtis J (2000) Disability Discrimination: A Practical Guide to the New Law, Kogan Page Publishers, UK 2. Davidovich N (2003) Disability Discrimination at Workplace, Employment Lawyer, Accessed on 26th July 2011 Retrieved from http://www.employmentlawyercolorado.com/articles/disability_discrimination_article.pdf 3. Dipboye R.L. and Colella A (2005) Discrimination at Work: The Psychological and Organizational Bases, Routledge, United States. 4. Disabled World, World Facts and Statistics on Disabilities and Disability Issues, Accessed on 25th July 2011 Retrieved from http://www.disabled-world.com/disability/statistics/ 5. Grut L and Ingstad B (2006) This is my life – Living with a disability in Yemen: A qualitative study, The World Bank-Sintef Report, Norway 6. ILO (2007) Equality at Work: Tackling the Challenges: Global Report under the follow, International Labor Office, United States 7. NIDDR (2004) National Institute of Disability And Discrimination Research, US Department of Education, US. 8. Silvers A, Wasserman T.D. and Mahowald M.B. (1998) Disability, Difference, Discrimination: Perspectives on Justice in Bioethics and Public Policy, Rowman & Littlefield, England Read More