We’ve compiled 7 facts about disability – some of which might challenge your preconceptions.
Fact #1: ‘Disability’ is a pretty broad term and not well understood…
Often when people think ‘disability’ their minds jump to people with physical disabilities such as those who use wheelchairs. But in the workplace, disability can refer to physical, intellectual, psychiatric, sensory, neurological, and learning disabilities. Even people with Hepatitis C, HIV, type 1 diabetes or depression are counted as having a disability.
According to the Employment Equity Act in South Africa, people with disabilities are 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.
Why is this worth noting? Well, basically it means that the laws don’t just protect people with a physical disability – they’re here for everyone who may be discriminated against due to a disability.
Fact #2: Disability discrimination isn’t ok. In fact, it’s illegal!
Just so that we’re on the same page, disability discrimination refers to people being treated unfairly (and missing out on job opportunities) just because they have a disability.
Fortunately, the law protects employees with a disability from discrimination at all stages of employment – from the initial interview right through to leaving the company.
The sad truth? Some employers do still discriminate against applicants with a disability.
Sometimes this discrimination is more obvious, such as telling someone flat out that they won’t be considered for the job because they assume they’ll be ‘too slow’ or refusing to hire people with disability based on the assumption that. Other times, discrimination is more indirect – like when businesses don’t provide access for people who use wheelchairs or whatever reasonable accommodation is called for.
Whatever form it takes, it’s not OK.
Fact #3: Sometimes an employer can refuse you a job because of your disability
Sometimes it can be legal for a company to refuse someone a job because of their disability. This can be the case if you can’t perform the ‘inherent requirements’ of the position. In other words, you must be able to carry out the duties of the job.
These ‘inherent requirements’ will depend on the job – for instance, a person with low vision may not meet the requirements to be a delivery driver.
But, if your disability won’t affect your performance, you deserve a fair shot – and employers aren’t allowed to turn you down just because of your disability.
That’s why the laws exist – to ensure there’s an even playing field for everyone.
Fact #4: Sometimes, workplaces must make changes to suit your needs
Sometimes, a workplace might need a few adjustments to make it accessible and safe for an employee with a disability.
Employers must make what are called ‘reasonable accommodations’ for a person with a disability who is offered a job, or to an existing employee, to make sure they can do the requirements of the job.
Perhaps a ramp needs to be installed, doorways widened to allow wheelchair access, or a bigger computer screen is necessary. If such an adjustment can be made, it’s the employer’s responsibility to make it happen.
In some cases, employers do not have to make these changes if they can show that it would be very difficult to do so, or be very high cost.
Fact #6: Your boss can’t tell anyone about your disability, unless you say so
That’s right! By law (the POPI Act), your employer must keep details of your disability confidential unless you give consent.
It is up to you whether you want to tell your colleagues about your disability.
Fact #7: You can take action against discrimination
If you experience discrimination, don’t feel ashamed, and know you’re well within your rights to take action.
As a first step, you might choose to raise the issue directly with the people involved, or with a manager, supervisor, or the Human Resources department.
Your complaint will need to be in writing, and describe when, where, what happened, and who was involved.
If this does not yield results, further action can be taken. The thing is, you need to know your rights. Educate yourself. Its your greatest weapon to the attitudinal barriers that are rife in the world of disability.
