‘Disabilities’ is an umbrella term, covering impairments, activity limitations, and participation restrictions. Disability is thus not just a health problem. It is a complex phenomenon, reflecting the interaction between features of a person’s body and features of the society in which he or she lives. Overcoming the difficulties faced by people with disabilities requires interventions to remove environmental and social barriers.
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Understanding reasonable accommodation
January 21, 2019Understanding which disabilities can occur in the workplace is only the first step for diverse and inclusive organisations. The next step is to understand how to remove the barriers facing employees with disabilities and ensuring you can reasonably accommodate them so they can do the best jobs possible.
So, what is a ‘disability’ as it relates to the workplace?
The Employment Equity Act No. 55, 1998 does not attempt to define medical conditions, but instead focuses on the effect of a disability on the person in relation to the working environment, and not on the diagnosis of the impairment. People who are considered as persons with disabilities, according to the act, will satisfy all three of these criteria:
- having a physical or mental impairment;
- (which is) long-term or recurring;
- which substantially limits.
This medical model looks at what is ‘wrong’ with the person, not what the person needs.
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 job or would be significantly limited in doing the job.
Disability as an evolving concept. The social model of disability is a way of viewing the world, developed by disabled people, where disability is perceived as being imposed by society when a person with a physical, psychosocial, intellectual, neurological and/or sensory impairment is denied access to full participation in all aspects of life, and when society fails to uphold the rights and specific needs of individuals with impairments.
The social model of disability says that disability is caused by the way society is organised, rather than by someone’s impairment. The medical model of disability says people are disabled by their impairments or differences. It creates low expectations and leads to people losing independence, choice and control in their lives.
Persons with disabilities experience three main types of interrelated barriers:
- social (including high cost, lack of disability awareness, and communication difficulties);
- psychological (such as fear for personal safety); and
- structural (including infrastructure, operations and information).
The social model helps us recognise barriers that make life harder for people with disability. Removing these barriers creates equality and offers disabled people more independence, choice and control.
Types of disabilities that occur in the workplace
As the SAHRC notes, not all disabilities fall neatly into categories. But, broadly, disabilities can be categorised into the following (beneath each of which, tips are offered to consider in your interactions with persons with disabilities)
Disabilities may be visible or hidden.
PHYSICAL DISABILITIES
The common characteristic in physical disability is that some aspect of a person’s physical functioning, usually either their mobility, dexterity, or stamina, is affected. People with physical disabilities are usually experts regarding their own needs and will understand the impact of their disability.
Tips
- Always ask before offering assistance.
- Be at the same level when talking with the person.
- Never assume that a person with physical disability also has intellectual disability.
- Ask permission before touching a person’s wheelchair or mobility aid.
VISION IMPAIRMENT
Vision impairment refers to people who are blind or who have partial sight.
Tips:
- Always identify yourself and any others with you
- Ask if the person requires assistance, and listen for specific instructions, however, be prepared for your offer to be refused.
- If guiding a person, let them take your arm, rather than taking theirs. Describe any changes in the environment such as steps, obstacles, etc.
DEAF OR HEARING IMPAIRED
Hearing impairments can range from mild to profound. People who are hard of hearing may use a range of strategies and equipment including speech, lip-reading, writing notes, hearing aids or sign language interpreters.
Tips
- Look and speak directly to them, not just to the people accompanying them, including interpreters
- Speak clearly and use a normal tone of voice unless otherwise instructed by the person with the hearing impairment
- If you don’t understand what a person is saying, ask them to repeat or rephrase, or alternatively offer them a pen and paper.
ACQUIRED BRAIN INJURIES
Acquired brain injury refers to any type of brain damage that occurs after birth. The injury may occur because of infection, disease, lack of oxygen or trauma to the head.
Tips
- Remember that a person with an Acquired Brain Injury does not have an intellectual disability and does not have a mental illness
- Allow more time and greater flexibility for training and induction.
- Provide clear and thorough explanations and instructions.
- Minimise stress to maximise concentration and performance.
- Give verbal and written instructions or try giving examples to illustrate ideas and summarise ideas.
INTELLECTUAL DISABILITIES
A person with an intellectual disability may have significant limitations in the skills needed to live and work in the community, including difficulties with communication, self-care, social skills, safety and self-direction.
Tips
- The most important thing to remember is to treat each person as an individual:
- A person with an intellectual disability is just like everyone else – treat them as you would like to be treated
- Be considerate of the extra time it might take for a person with an intellectual disability to do or say something
- Be patient and give your undivided attention, especially with someone who speaks slowly or with great effort.
AUTISM SPECTRUM DISORDERS
Autism is an umbrella description which includes autistic disorders, Asperger’s syndrome and atypical autism. Autism affects the way information is taken in and stored in the brain. People with autism typically have difficulties in verbal and non-verbal communication, social interactions and other activities.
Tips:
- Establish routines and predictable environments.
- Inform people with autism what is about to happen before it occurs.
“INVISIBLE DISABILITIES”
Invisible disabilities will mostly group under the following impairments:
- Sensory – Autism Spectrum Disorder (ASD), blindness and low vision, hearing loss and deafness. (Not limited to)
- Psychosocial – Depression, anxiety, Schizophrenia, Bipolar Disorder. (Not limited to)
- Neurological – Multiple Sclerosis, Chronic Regional Pain Syndrome, Guillain-Barre Syndrome, Epilepsy (Not limited to)
PROGRESSIVE CHRONIC CONDITIONS
A progressive disorder is a disease or health condition that gets worse over time, resulting in a general decline in health or function. The term progressive disorder is often used to distinguish a condition from a relapsing and recurring disorder. In a relapsing and recurring disorder there are often periods of relief, when the disease is stable for a while or is in remission. In contrast, a progressive disorder does not have these breaks. Depending on the diagnosis, a progressive disorder may move quickly or very slowly.
What’s not included?
For reasons of public policy certain conditions or impairments may not be considered disabilities. These include but are not limited to:
- sexual behaviour disorders that are against public policy;
- self-imposed body adornments such as tattoos and body piercing;
- compulsive gambling, tendency to steal or light fires;
- disorders that affect a person’s mental or physical state if they are caused by current use of illegal drugs or alcohol,
- unless the affected person is participating in a recognised programme of treatment;
- normal deviations in height, weight and strength; and
- conventional physical and mental characteristics and common personality traits.
Employing people with disabilities
According to the Act, employers need to be able to ‘reasonably accommodate’ the needs to people with disabilities. The aim of the accommodation is to reduce the impact of the impairment of the person’s capacity to fulfil the essential functions of a job. Employers can adopt the most cost-effective means so long as they are consistent with effectively removing the barrier to a person being able to perform the job, and to enjoy equal access to the benefits and opportunities of employment.
For applicants and employees, this applies:
- during the recruitment and selection processes;
- in the working environment;
- in the way work is usually done and evaluated and rewarded; and
- in the benefits and privileges of employment.
This, of course, is twofold. The employee would have to disclose the fact that a disability exists, or it may be evident to the employer that a disability exists. The employer should consult the employee and, where practicable, technical experts, to establish appropriate mechanisms to accommodate the employee.
Examples of reasonable accommodation include:
- adapting existing facilities to make them accessible;
- adapting existing equipment or acquiring new equipment including computer hardware and software;
- re-organising work stations;
- changing training and assessment materials and systems;
- restructuring jobs so that non-essential functions are re-assigned;
- adjusting working time and leave;
- providing readers, sign language interpreters, and
- providing specialised supervision, training and support.
Unjustifiable hardship
The employer need not accommodate a qualified applicant or an employee with a disability if this would impose an unjustifiable hardship on the business of the employer. Unjustifiable hardship is action that requires significant or considerable difficulty or expense and that would substantially harm the viability of the enterprise. This involves considering the effectiveness of the accommodation and the extent to which it would seriously disrupt the operation of the business.
An accommodation that imposes an unjustifiable hardship for one employer at a specific time may not be so for another or for the same employer at a different time.
Empowering people with disabilities
Employing people with disabilities and reasonably accommodating them is only the first step. True disability-smart organisations take reasonable accommodation to the next level.
JDM Empowered Placements’ Environmental Site Audit helps determine the current accessibility of the building, providing insight into the accessibility limitations of the workplace. We include aspects such as workstation set-up and equipment, lighting, and access, as well as organisational aspects such as workload and job pace. Our Recruitment and Screening Process looks at the candidate’s ability to meet your position requirements as well as organisational fit and general workplace readiness. Our Disability Verification process helps to confirms that the condition disclosed by an employee meets the criteria as outlined by the definition of disability stated in the Employment Equity Act.
Ready to take the next step and become a truly disability-smart organisation?
There’s no point trying to attract diverse talent if your culture doesn’t embrace diversity. Taking a hard look at your culture is a critical step. You can build a diverse pipeline all you want, but if your employees don’t understand its value, then those underrepresented candidates will never thrive, and the benefits stemming from diversity will never be realised within your company.
The diversity payoff— stronger culture, better performance, deeper customer insight – is what the disability-smart organisation is aiming for.
JDM Empowered Placements can facilitate this process to ensure that the employer as well as the workforce has a clear understanding of the potential barriers and misconceptions the person with a disability faces on a daily basis. We equip managers with tools to navigate interactions with employees with disabilities, increase awareness and provoke attitudinal change with regards the stigma associated with disability. As part of our sensitisation programme, we will introduce the concept of disability etiquette.
